BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130010813 


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 was in Vietnam during the period "31 April 1971 through 19 March 1972" and was assigned to a ground surveillance unit that was involved in several ambushes and firefights.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 in to the Army on 19 October 1970.  He completed training and he was awarded military occupational specialty (MOS) 11C109 (mortar specialist).  The highest rank/grade he attained while on active duty was private first class/E-3.

3.  On 20 March 1972, he was released from active duty and transferred to the U.S. Army Reserve.  He completed 1 year, 5 months, and 2 days of net active service this period.  The DD Form 214 he was issued at the time does not show award of the CIB.

4.  There are no orders in the available records which show the applicant was awarded the CIB.  The applicant's records also do not contain evidence that he was directly involved in ground combat during his service in Vietnam.

5.  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 request for award of the CIB was carefully considered.

2.  Despite the applicant's argument of serving in combat, there is insufficient substantiating evidence that confirms he served in an infantry MOS and in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

4.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.








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)                                         AR20130010813



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ABCMR Record of Proceedings (cont)                                         AR20130010813



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