BOARD DATE:	  20 March 2012

		DOCKET NUMBER:  AR20110019098 


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 he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states:

* he held military occupational specialty (MOS) 11B (Light Weapons Infantryman)
* he was in a 5-man squad in an armored cavalry assault vehicle in the 11th Armored Cavalry Regiment (ACR)
* he also carried an M-79 grenade launcher
* he saw combat

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Section 38 of his DA Form 20 (Enlisted Qualification Record)

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 (AUS) for 2 years on 27 October 1965.  He completed Basic Combat and Advanced Individual Training at Fort Carson, CO.  He was awarded MOS 11B.

3.  On or about 23 August 1966, the applicant arrived in Vietnam and was assigned to Troop K, 3rd Squadron, 11th ACR.  He served with this unit as an 11B until on or about 2 January 1967, when he was transferred to the Security Guard Company, Special Troops, U.S. Army Vietnam (USARV) as a security guard.

4.  On or about 16 August 1967, the applicant departed Vietnam en route to Fort Dix, NJ and separation.  He was separated on 22 August 1967.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

5.  There are no orders in the applicant's file awarding him the CIB; the CIB is not shown as an authorized award on his DA Form 20; and he has no awards for valor which would indicate that he engaged in combat.

6.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the CIB; however, there is no evidence to show he engaged in active ground combat while assigned to Troop K, 3rd Squadron, 11th ACR.

2.  The CIB is awarded on orders; there are no orders awarding the applicant the CIB.

3.  The applicant's MOS and service in Vietnam are not in question.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him 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)                                         AR20110019098





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ABCMR Record of Proceedings (cont)                                         AR20110019098



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