IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140015835
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states the CIB was omitted from his DD Form 214 due to a typographical error.
3. The applicant does not provide any additional documentation or evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on
13 September 1966. He completed training and was awarded military
occupational specialty (MOS) 11B (Light Weight Infantryman). The highest rank he attained was sergeant/E-5. He was honorably released from active duty on
1 July 1968 after completing 1 year, 9 months, and 17 days of total active service.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he was credited with service in Vietnam from 27 February 1967 to
26 February 1968. Item 38 (Record of Assignments) shows he was assigned for duty in Vietnam with Company B, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile).
4. The record is void of documentation showing he was awarded the CIB.
5. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Awards and Decoration Branch of the U.S Army Human Resources Command, failed to reveal orders awarding the applicant the CIB.
6. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. U.S. Army Regulation 672-1 (Awards and Decorations) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. As an infantryman assigned to a cavalry unit, the applicant would have been eligible for award of the CIB, and he makes the assertion that he was awarded the badge. Unfortunately, without orders showing he received the award or documentary evidence showing he served in active ground combat while performing infantry duties, there is an insufficient basis for correcting his record to show he was awarded the CIB.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________x____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140015835
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ABCMR Record of Proceedings (cont) AR20140015835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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