| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Combat Infantryman Badge.
APPLICANT STATES: In effect, that he is entitled to award of the Combat Infantryman Badge because he held an infantry military occupational specialty (MOS) while in Vietnam. In support of his claim, he points out that he was awarded the Purple Heart for wounds received as a result of hostile action and that he received the Army Commendation Medal with “V” Device for heroism in combat. In support of his request, he submits a letter of support, dated
11 October 2001, from a Veteran’s Advocate; and a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 15 March 1967.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2000044123) on
17 October 2000.
The applicant submits a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 15 March 1967, which shows his MOS as “11B1P” [infantryman] when he was hit by enemy small arms fire while on ambush patrol on 6 February 1967 in Vietnam.
The Board noted that the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was assigned to Headquarters and Headquarters Company,
2d Battalion (Airborne), 503rd Infantry in MOS 36K (wireman) during his assignment in Vietnam.
The applicant’s submission is new evidence that requires Board consideration.
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.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the
prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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. The Board considered the applicant’s contention that he is entitled to award of the Combat Infantryman Badge because he held an infantry MOS while in Vietnam.
2. The Board also considered the medical record provided by the applicant in support of his claim.
3. The Board determined that this medical record is not sufficient as proof the applicant held an infantry MOS or served in an infantry duty position, particularly in view of the entries on his DA Form 20 (Enlisted Qualification Record) which show that he did not have an infantry MOS and was not serving in an infantry duty position.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
5. 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
FNE____ LE______ TL______ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001064708 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20020328 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0111 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140006992
The applicant contends that his DD Form 214 should be corrected to show: * Parachutist Badge * CIB * Completion of Basic Airborne Course 2. The evidence of record shows that the applicant held an infantryman MOS and was assigned to an infantry company while in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge on 31 March 1968; b. deleting from his DD Form 214: *...
ARMY | BCMR | CY2001 | 2001065123C070421
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. APPLICANT REQUESTS :...
ARMY | BCMR | CY2002 | 2002079031C070215
However, there is no evidence in the applicant's service personnel records which shows the applicant was awarded an infantry MOS. However, there is no evidence of record available to the Board which shows the applicant was awarded an infantry MOS. Further, this Board also determined, after review of all the evidence in this case, that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2010 | 20100007538
In the original proceedings, the Board determined that while the applicant did hold a qualifying MOS and was assigned to an infantry unit of brigade, regimental, or smaller size, the available evidence was insufficient to establish that the applicant had served in active ground combat. The author states that he received the Combat Infantryman Badge and believes the applicant should also receive this badge because he did everything that was asked of him. The applicant contends that his...
ARMY | BCMR | CY2005 | 20050015954C070206
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart and Combat Infantryman Badge. Evidence of records show the applicant was awarded the Purple Heart for wounds received on 30 March 1968. Therefore, the applicant is entitled to correction of his records to show this award.
ARMY | BCMR | CY2009 | 20090005173
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 Combat Infantryman Badge. The applicant states that he was wounded on 17 December 1967 while serving as an infantry squad leader in his infantry military occupational specialty (MOS) in the Republic of Vietnam. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090014914
This form also states that no evidence the Purple Heart was awarded at this hospital. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in action on 22 May 1970 in the...
ARMY | BCMR | CY2013 | 20130005954
b. Paragraph 5 on page 2 of the ROP should show his unit as the 9th Infantry Division (ID) vice the 5th ID and the dates of his patient status listed in this paragraph should show 17 November 1969 (the date he was wounded) until his discharge in April vice 2 November 1969 through 15 December 1970. c. The previous ROP did not address award of the Combat Infantryman Badge. The evidence of record confirms that he was assigned to the 1st Battalion, 61st Infantry, during the period the unit was...
ARMY | BCMR | CY2009 | 20090002533
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, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a third award of the Purple Heart (correctly known as the Purple Heart with second oak leaf cluster). Although the applicant's DA Form 20 shows he served in MOS 11D and that he was assigned to Troop C, 1st...
ARMY | BCMR | CY2013 | 20130022328
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list the: * Army Commendation Medal with "V" Device * Vietnam Service Medal with Gold Star and two bronze service stars * Republic of Vietnam Campaign Medal with Device 1960 * Infantryman Badge 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from the applicant's DD Form 214 the...