IN THE CASE OF:
BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20150000804
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:
a. He served as an Infantry Platoon Leader in the field with Company B, 1st Battalion, 6th Infantry Regiment, 196th Light Infantry Brigade.
b. He also served as the S-2 for the 1st Battalion, 6th Infantry Regiment at forward fire support base landing zone Dottie from 13 September 1969 to 13 September 1970.
c. He met all the criteria for award of the CIB. However, it is not reflected on his DD Form 214.
3. The applicant provides 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 4 March 1968 and was honorably discharged on 24 January 1969. He was appointed as a Reserve commissioned officer with a concurrent call to active duty on 25 January 1969.
3. His DA Form 66 (Officer Qualification Record - Part II) shows in:
a. Item 9 (Military Occupational Specialties) he was awarded military occupational specialty (MOS) 1542 (Infantry Unit Commander) on 25 January 1969.
b. Item 17 (Foreign Service) he served in Vietnam from 13 September 1969 to 13 September 1970.
c. Item 18 (Record of Assignments) he was assigned to Company B and Company C of the 1st Battalion, 6th Infantry Regiment, Americal Division in Vietnam.
d. Item 18 he performed duties as a Platoon Leader and Battalion S-2 during his assignment in Vietnam.
e. Item 21 (Awards and Decorations) no entry for award of the CIB.
4. His service record contains the following orders published by Headquarters, Americal Division which show in:
a. General Orders Number 8054, dated 5 July 1970, he was awarded the Bronze Star Medal for meritorious achievement during the period 1 February to 31 May 1970 in connection with military operations against a hostile force. There is no indication that he was personally engaged in active ground combat.
b. General Orders Number 9349, dated 23 July 1970, he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service during the period September 1969 through September 1970 in connection with military operations against a hostile force. There is no indication that he was personally engaged in active ground combat.
5. His service record does not contain orders showing he was awarded the CIB.
6. He was honorably released from active duty on 24 January 1971. His DD Form 214 doesn't show he was awarded or authorized the CIB.
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:
1. The applicant's service record is void of evidence and he has not provided any evidence that confirms he was awarded the CIB.
2. The evidence of record shows the applicant completed infantry training and he was awarded MOS 1542. He performed duties as a Platoon Leader while assigned to the 1st Battalion, 6th Infantry Regiment, Americal Division in Vietnam.
3. Based on Army Regulation 600-8-22, award of the CIB requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.
4. His service record is void of substantial evidence that shows he served during active ground combat and he was personally present under hostile fire. Therefore, there is an insufficient evidentiary basis for correcting his DD Form 214 to show award of the CIB.
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) AR20150000804
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