BOARD DATE: 18 August 2015
DOCKET NUMBER: AR20150001702
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, in effect:
a. he served in the Republic of Vietnam (RVN) from 1966 to 1967 with Company D, 58th Infantry Regiment; and
b. he was involved with combat operations, thereby fulfilling the requirements to qualify for the CIB.
3. The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 30 August 1961 and 30 August 1967.
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 24 November 1959. He was trained in and awarded military occupational specialty (MOS) 111.07 (Light Weapons Infantryman).
3. On 30 August 1961, he was honorably discharged for immediate enlistment in the Regular Army. He completed 1 year, 9 months, and 7 days of total active service. The DD Form 214 issued at that time only lists his award of the Parachutist Badge.
4. On 31 August 1961, the applicant enlisted in the Regular Army for a period of 6 years. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 9 November 1966 to 17 May 1967 as a light weapons infantryman while assigned for duty with Company D, 58th Infantry Regiment.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not list the CIB. The applicants records do not include any documents or orders to show he was recommended for or awarded the CIB.
6. On 30 August 1967, the applicant was honorably discharged at the expiration of his term of service. He completed 7 years, 9 months, and 7 days of total active duty service. His DD Form 214 shows he was awarded or authorized the:
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal
* Senior Parachutist Badge
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Machine Gun (M-60) and Rifle (M-16) Bars
* overseas service bar
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the CIB pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided the command's awards policy. Appendix V provided guidance for award of the CIB and stated that a rifle squad or cavalry platoon satisfied the infantry-type unit of regimental size or smaller requirement for award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show award of the CIB.
2. The evidence of record clearly shows he was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size in the RVN. However, it does not sufficiently show he ever engaged in active ground combat with his infantry unit during his service in the RVN from 9 November 1966 to 17 May 1967.
3. In view of the aforementioned evidence, there is an insufficient 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) AR20150001702
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