BOARD DATE:	  23 September 2014

		DOCKET NUMBER:  AR20140003213 


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 not given credit for combat service as a rifle platoon leader during the period June-September 1969.

3.  The applicant provides a copy of his 7 September 1969 DD Form 214 (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 completed Infantry Officer Candidate School and served on active duty as a U.S. Army Reserve officer from 21 September 1967 to 7 September 1969.
3.  He was awarded the Army Commendation Medal as the leader of the Heavy Mortar Platoon, 2nd Battalion, 18th Infantry, 1st Infantry Division from 7 October 1968 to 6 February 1969.  However, an officer evaluation report (OER) covering most of that period indicates that he was engaged in counterinsurgency operations in Vietnam while attached to 8th Battalion, 6th Artillery Regiment.  He was rated by artillery officers.

4.  A subsequent OER (5 February to 25 April 1969) shows the applicant served as an infantry heavy mortar platoon leader engaged in counterinsurgency operations in Vietnam.  The rater's comments include the observations that the applicant, "…was capable of performing his duties in a combat zone…did run an efficient although not highly spirited and eager platoon…"  The endorser's remarks included the observation that the applicant, "…had performed his duties…in a commendable manner…displayed a calm efficient manner in the performance of his duties…"  His raters were the operations officer and commanding officer of the 1st Infantry Division Training Command.  

5.  There is no available OER covering an assignment as a rifle platoon commander and no evidence showing he was awarded 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.  As with all individual awards orders are required.

DISCUSSION AND CONCLUSIONS:

1.  His OER for the period June – September 1969 is not available.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of the 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)                                         AR20140003213





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ABCMR Record of Proceedings (cont)                                         AR20140003213



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