BOARD DATE: 18 August 2015
DOCKET NUMBER: AR20150001301
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he served in the infantry and is entitled to award of the CIB.
3. The applicant provides a copy his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from the Veterans Service Officer, Naples, Florida.
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 6 September 3 April 1967.
He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he served in Vietnam from 12 January through 18 February 1967;
b. item 38 (Record of Assignments) that he was assigned to Company A,
4th Battalion, 23rd Infantry, 25th Infantry Division, in duty MOS 11B; and
c. item 41 (Awards and Decorations) that he was awarded or authorized the Parachutist Badge, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He was honorably released from active duty on 1 February 1971 as a private first class/E-3. His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), shows he was awarded or authorized the National Defense Service Medal, Parachutist Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. There are no orders or other evidence in the applicant's records that show he was awarded the CIB.
6. Army Regulation 600-8-22 (Military Awards) provides that 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 during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. However, there is no available evidence that shows that he ever engaged in active ground combat. Therefore, 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 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) AR20100000695
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ABCMR Record of Proceedings (cont) AR20150001301
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