BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100019112 


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 that his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the CIB and it is not reflected on his DD Form 214.

3.  The applicant provides no additional documents with his application.

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 in New Orleans, Louisiana, on 23 April 1969 for a period of 3 years and training as a personnel clerk.  He completed his training at Fort Polk, Louisiana, and was transferred to Fort Benning, Georgia, where he remained until he was transferred to Vietnam on 16 March 1970 for assignment to the 228th Aviation Battalion as a clerk.

3.  On 4 July 1970, the applicant's commander initiated action to discharge him from the service under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) for unsuitability.  He specifically cited that the applicant's performance as a company clerk for the 4 months of his assignment was substandard.

4.  On 2 August 1970, he was discharged under honorable conditions at Oakland Army Base, California, under the provisions of Army Regulation 635-212 for unsuitability.  His DD Form 214 shows he completed 1 year, 3 months, and 26 days of total active service and was awarded the National Defense Service Medal and the Vietnam Service Medal.

5.  A review of the applicant's records failed to reveal orders awarding him the CIB.

6.  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 military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in military occupational specialty 11B, 11C, 11D, 11F, 11G, or 11H.  Award of the CIB is always announced in special orders, which are required for this badge to be entered in official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the CIB in Vietnam has been noted; however, it is not supported by evidence submitted with his application or the evidence of record.

2.  The evidence of record shows the applicant served in Vietnam as a unit clerk and did not meet any of the criteria necessary for award of the CIB.  Therefore, in the absence of orders showing he was in fact awarded the CIB, there appears to be no basis to add this badge to his records.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20100019112



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ABCMR Record of Proceedings (cont)                                         AR20100019112



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