IN THE CASE OF:	  

		BOARD DATE:	    27 January 2011

		DOCKET NUMBER:  AR20100017158 


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 a second award of the Combat Infantryman Badge (CIB).

2.  The applicant states he is entitled to a second CIB because he served two tours in Vietnam.

3.  The applicant provides two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and a page from Wikipedia.

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’s military records show he enlisted in the Regular Army on 
23 August 1968, and he was awarded the military occupational specialty of light weapons infantryman.  He served in Vietnam from 12 September 1969 to 
11 September 1971 as a rifleman assigned to an infantry unit.  He also served in Vietnam from 2 November 1971 to 20 March 1972 as an infantryman assigned to an infantry unit.  He  was promoted to pay grade E-5.

3.  He was honorably released from active duty on 24 March 1972.  The 
DD Form 214 he was issued shows he was awarded the CIB.

4.  Army Regulation 600-8-22 provides the criteria for Army awards and decorations.  Paragraph 8-6 outlines the requirements for award of the CIB.  It states, in pertinent part, that the CIB is authorized for three conflicts:

* WWII (7 December 1941 to 3 September 1945);

* the Korean Conflict (27 June 1950 to 27 July 1953); and

* the Vietnam Conflict, which includes service in:

* the Republic of Vietnam after 1 March 1961;

* Laos from 19 April 1961 to 6 October 1962;

* the Dominican Republic from 28 April 1965 to 1 September 1966;

* the Korean DMZ after 4 January 1969;

* Grenada from 23 October to 21 November 1983;

* Panama from 20 December 1989 to 31 January 1990; and

* the Persian Gulf War from 17 January to 11 April 1991.

5.  Army Regulation 600-8-22 paragraph 8-6 states that multiple combat tours in any one of the three major conflict periods is recognized by one award of the CIB.  A Soldier must meet the criteria for award of the CIB in two major conflict periods to be authorized a second award of the CIB.





DISCUSSION AND CONCLUSIONS:

1.  Since the applicant only served in one conflict, he is only entitled to one CIB regardless of how many tours he served in Vietnam.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100017158



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ABCMR Record of Proceedings (cont)                                         AR20100017158



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