RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 NOVEMBER 2003                  
	DOCKET NUMBER:   AR2003090923

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann L. Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert L. Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Combat Infantryman Badge (CIB). 

2.  The applicant states that he was in Vietnam as an infantryman under enemy fire.  He was not awarded the CIB.   

3.  The applicant states that he provided a medical record showing his treatment at Womack Army Hospital, and that he was evacuated due to a reaction from a malaria medication. 

4.  The applicant did not provide evidence in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 9 October 1967.  The application submitted in this case is dated 7 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army Reserve for 8 years on 18 May 1961, was trained as a supply clerk at Fort Jackson, South Carolina, and released from active duty on 2 December 1961 and transferred to his Reserve unit.  

4.  On 22 September 1964 he enlisted in the Regular Army for 3 years, underwent airborne training at Fort Benning, Georgia, and in December 1964 was assigned to Headquarters and Headquarters Company (HHC) 82nd Aviation Battalion (Airborne) at Fort Bragg, North Carolina as a supply clerk, MOS (Military Occupational Specialty) 760.07.  In April 1965 he moved with his unit, now Company A of the 82nd Aviation Battalion, to Vietnam.  He served in Vietnam as a supply clerk until 21 May 1965 when he was assigned to Womack Army Hospital at Fort Bragg as a patient.    

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was awarded the primary MOS of 11H4P (Direct Fire Crewman) on 4 February 1964 (the date 4 February 1966, however, on this record is lined through), and that he had been awarded the primary MOS of 76A1P (Supply Clerk) on             28 September 1964.   

6.  On 10 March 1965 the applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for AWOL from 16 February 1965 until 3 March 1965.  On 10 August 1965 he received nonjudicial punishment for being absent without proper authority from Womack Army Hospital. 

7.  In August 1965 he was assigned as a gunner (MOS 112H2P) with an airborne battalion at Fort Campbell, Kentucky.  On 8 April 1966 the applicant received nonjudicial punishment for falsifying an official statement.

8.  On 30 January 1967 the applicant was arraigned and tried by a special court-martial which convened at Fort Campbell.  He was found guilty of unlawfully striking a noncommissioned officer with an entrenching tool.

9.  The applicant was discharged at Fort Campbell on 9 October 1967.   

10.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant served in Vietnam as a supply clerk with an aviation battalion.  There is no evidence, and the applicant has not submitted any, to show that he served as an infantryman, that he served with an infantry unit, or that he actively participated in ground combat.   

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   
  
3.  Records show the applicant should have discovered the error or injustice now under consideration on 9 October 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 October 1970.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JHL  __  __LDS __  __RLD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090923	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.