Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001059725C070421
Original file (2001059725C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001059725

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Donald P. Hupman Member
Ms. Regan K. Smith Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

APPLICANT STATES: That he should be awarded the Combat Infantryman Badge for his combat service in South Vietnam in 1967/1968 with the
2nd Squadron, 1st Cavalry based at Pleiku. He contends that although he was assigned to the Headquarters Troop, he was often in the bush to deliver ammunition and supplies, evacuated dead/wounded soldiers and was frequently under fire. He also contends that during the TET Offensive he manned the lines with everybody else to defend his base and later helped stack and burn enemy bodies. He goes on to state that he was assigned to A Troop for the first two to three months of his tour in Vietnam. In support of his application, he submits a copy of his DD Form 214; a Decree for Changing of Names, dated 8 July 1969; a Department of Veterans Affairs (DVA) Treatment Summary, dated 25 September 2000; and three medical records dated 8 September 2000, 25 August 2000 and 11 August 2000.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was inducted on 17 June 1966. He served as an armor crewman in Vietnam from 10 August 1967 through 2 June 1968 and was honorably released from active duty on 5 June 1968.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

There are no orders for the Combat Infantryman Badge contained in the available records.

The applicant’s military records show that he was assigned to Headquarters and Headquarters Troop, 2nd Squadron, 1st Cavalry of the 4th Infantry Division in military occupational specialty (MOS) 11E (armor crewman) during his assignment in Vietnam.

The applicant provided DVA documentation in support of his claim. This documentation shows the applicant is in treatment for symptoms consistent with chronic Post Traumatic Stress Disorder.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge 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. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows he served in MOS 11E (armor crewman) during his assignment in Vietnam.

2. There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the applicant is not entitled to award of the Combat Infantryman Badge.

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.

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

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RVO___ DPH_____ RKS_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001059725
SUFFIX
RECON
DATE BOARDED 20011016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0111
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2007 | 20070000292

    Original file (20070000292.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2007 DOCKET NUMBER: AR20070000292 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that the Army Commendation Medal, with "V" Device, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Combat...

  • ARMY | BCMR | CY2011 | 20110006538

    Original file (20110006538.txt) Auto-classification: Denied

    The fellow Soldier attests: * he served with the applicant in the Army at Fort Hood, TX, and in Vietnam * he and the applicant served in Troop C, 1st Squadron, 1st Cavalry, 1st Armored Division, at Fort Hood, TX, from approximately January 1967 until their deployment to Vietnam in August 1967 * the applicant functioned and served in the capacity of an armored intelligence specialist in MOS 11D * cavalry troopers assigned to armored cavalry assault vehicles (ACAV's) carried MOS 11B (Light...

  • ARMY | BCMR | CY2008 | 20080009693

    Original file (20080009693.txt) Auto-classification: Denied

    The applicant's military personnel record shows he enlisted in the Regular Army on 10 October 1968 for a period of 3 years. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. In the absence of evidence, which shows the applicant was awarded the...

  • ARMY | BCMR | CY2009 | 20090002722

    Original file (20090002722.txt) Auto-classification: Approved

    The applicant requests, in effect, that his military records be corrected to show the Purple Heart, Good Conduct Medal, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Unit Palm Citation. Since the applicant's records were corrected to show the Purple Heart, this portion of the applicant's request will not be discussed further in these Proceedings. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2010 | 20100027172

    Original file (20100027172.txt) Auto-classification: Denied

    The applicant requests reconsideration of his earlier request for award of the: * Combat Infantryman Badge * Arrowhead Device with the Vietnam Service Medal * Joint Service Commendation Medal 2. His service record does not indicate he was awarded an infantry MOS. However, the applicant's service record does not show he was authorized award of the Joint Service Commendation Medal, and the Army Board for Correction of Military Records has no authority to award a Defense medal.

  • ARMY | BCMR | CY2012 | 20120007790

    Original file (20120007790.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). However, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active duty service. Notwithstanding his sincerity and the apparent issuance of the CIB (1st Award) to him by TACOM, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground...

  • ARMY | BCMR | CY2010 | 20100016748

    Original file (20100016748.txt) Auto-classification: Denied

    He states he was advised in a letter from the Chief, Military Awards Branch, U.S. Army Human Resources Command (HRC), Alexandria, Virginia, that his records would have to be corrected by the Army Board for Correction of Military Records (ABCMR) to show he held MOS 11D for him to be eligible for award of the Combat Infantryman Badge. There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. There is no evidence...

  • ARMY | BCMR | CY2011 | 20110019906

    Original file (20110019906.txt) Auto-classification: Denied

    His service records do not contain official orders awarding him the Combat Infantryman Badge. An undated statement from a unit member who was wounded in combat in Vietnam while assigned to the same unit, who states that the unit was involved in combat in Vietnam and that the applicant was a part of the involvement. There are three requirements for award of the Combat Infantryman Badge: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an...

  • ARMY | BCMR | CY2010 | 20100017106

    Original file (20100017106.txt) Auto-classification: Denied

    There are no orders in his records that show he was awarded the CIB. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was assigned to an infantry unit or that he was an active participant in ground combat while assigned to an infantry unit. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any...

  • ARMY | BCMR | CY2008 | 20080013114

    Original file (20080013114.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) and the Combat Infantryman Badge (CIB). This letter requested that the commanding general of the 25th Infantry Division provide clarification of General Orders Number 3486, dated 10 May 1968 for award of the Army Commendation Medal for heroism on 31 January 1968 and certificate of award of BSM for heroism on 31 January 1968. ...