IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140020353
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 record to show award of the Combat Infantryman Badge (CIB).
2. The applicant states that his record does not include the CIB that he earned.
3. The applicant provides his DA Form 20 (Enlisted Qualification Record).
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 available evidence shows the applicant enlisted in the Regular Army on 17 November 1970. After completing basic and advanced individual training he was awarded military occupational specialty (MOS) 44A (Metalworking Apprentice). He served in Vietnam from 3 November 1971 to 27 January 1972.
3. He submitted and his record contains a DA Form 20 that shows in:
a. Item 38 (Record of Assignments) while serving in Vietnam he was assigned to the 156th Maintenance Company performing duties in MOS 44A until his departure.
b. Item 41 (Awards and Decorations) no entry for the CIB.
4. On 28 April 1972, the applicant was retired from active duty due to temporary disability. He had completed 1 year, 5 months, and 12 days of active military service. The DD Form 214 he was issued does not show he was awarded the CIB.
5. A review of his available personnel service records failed to show any evidence and he did not provide any evidence that shows he performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, there is no evidence showing that he was ever recommended for or awarded the CIB.
6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the CIB pertaining to the applicant.
7. 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.
DISCUSSION AND CONCLUSIONS:
By regulation, in order to support award of the CIB there must be evidence not only that a member held and served in an infantry MOS while assigned to a qualifying infantry unit but also that the member was personally present and participated with his qualifying infantry unit while the unit engaged in active ground combat with enemy forces. The applicant was assigned to a maintenance unit and there is no evidence that he held an infantry MOS while participating in active ground combat with enemy forces. As such, he did not meet the minimum criteria for award of the CIB. Therefore, there is no basis for granting his request.
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) AR20140020353
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ABCMR Record of Proceedings (cont) AR20140020353
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