IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016522
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 he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was awarded the CIB while deployed to Vietnam, but the award was never entered on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 29 April 1966. He completed the training requirements and he was awarded military occupational specialty (MOS) 76D (Ordnance Supply Specialist) on 16 September 1966.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 2nd Battalion, 21st Infantry Regiment, United States Army Europe on 24 September 1966. Special Orders Number 137, issued by Headquarters, 24th Infantry Division, dated 17 May 1967, awarded him primary MOS 11B (Infantryman).
4. His DA Form 20 indicates he served in the Republic of Vietnam for the period 3 April 1968 to 13 January 1969 with Company A, 3rd Battalion, 8th Infantry Regiment. The evidence shows he served in an 11 series MOS while in the Republic of Vietnam.
5. On 26 January 1969, the applicant was honorably released from active duty in MOS 11B and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 2 years, 8 months, and 28 days of net active service and 1 year, 3 months, and 8 days of foreign service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
6. There are no available orders that authorized or awarded him the CIB during this period of service.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim of entitlement to the CIB was carefully considered. However, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active service. By regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.
2. Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is an insufficient evidentiary basis for granting the applicant's requested relief.
3. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant 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) AR20140016522
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ABCMR Record of Proceedings (cont) AR20140016522
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