IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140020189
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 the Combat Infantryman Badge (CIB).
2. The applicant states:
a. his childhood history indicates, as the second eldest of eight children, he grew up fast learning how to share and work through his employment in helping his father in the hardware store, in the funeral home, as well as assisting in the running of the local ambulance; and
b. his military history specifically details his combat service in Vietnam where he was shot at and was around more mortar fire than a lot of infantry personnel deserving of the CIB.
3. The applicant provides a self-authored statement.
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 June 1968. He was trained in and awarded military occupational specialty (MOS) 12C (Bridge Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 8 March through 29 August 1969 and was assigned to engineer units performing the duties of a bridge specialist in MOS 12C. Item 41 (Awards and Decorations) does not include the CIB.
4. His military records are void of any orders or documents that indicate he was recommended for or awarded the CIB while serving in Vietnam or at any other time during his military service.
5. On 30 April 1970, the applicant was honorably released from active duty in the temporary rank/grade of sergeant/E-5. He completed 1 year, 10 months, and 18 days of total active service.
6. His DD Form 214 does not include the CIB among the awards listed.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 8-6 contains the CIB criteria and requires that the member be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and be present with his qualifying infantry unit and actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the CIB. However, in order to support award of the CIB, there must be evidence that the member held an infantry MOS; served in a qualifying infantry unit of brigade, regimental, or smaller size; and was present and participated with that unit when it was engaged in active ground combat with enemy forces.
2. The evidence of record in this case shows the applicant served in primary MOS 12C as a bridge specialist. There is no evidence of record showing he ever held or served in an infantry MOS while assigned to a qualifying infantry unit during his RVN tour or was present and participated with a qualifying infantry unit while it was engaged in active ground combat. Accordingly, there is no evidence to confirm he met the eligibility requirements necessary to support award of the CIB.
3. In view of the above, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20140020189
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ABCMR Record of Proceedings (cont) AR20140020189
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