| Mr. Carl W. S. Chun | Director | |
| Mr. Richard P. Nelson | Analyst |
| Mr. Raymond V. O’Connor, jr. | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Ms. Yolanda Maldonado | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests “combat award or any additional awards from Vietnam duty.” In particular, the applicant desires award of the Combat Infantryman Badge.
2. The applicant states that he served for 1 ½ years in the Republic of Vietnam (RVN) and was told that he was awarded the Combat Infantryman Badge but that the badge was not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of his DD Forms 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error that occurred on 11 June 1969. The application submitted in this case is dated 24 March 2003.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant’s military records show that he enlisted in the Regular Army (RA) for a period of 3 years on 19 September 1966. He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 62B20 (Engineer Equipment Maintenance). The applicant served a tour of duty at Fort Riley, Kansas prior to being reassigned to Vietnam on 17 November 1967, where he served as Tractor and Construction Machine Operator in the 87th Engineer Battalion. The applicant returned to the United States on 7 June 1969 and was honorably separated from active duty in pay grade E-4, on 11 June 1969. He remained in the US Army Reserve until 21 August 1974 when he reenlisted in the RA for a unit of choice option. The applicant was discharged from active duty, while still in a training status, on 3 October 1974 for failure to meet established physical standards (no disability).
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, as
amended by DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 18 October 1993, shows that he was awarded the Good Conduct Medal, the Meritorious Unit Award, the Vietnam Service Medal with seven bronze service stars, the National Defense Service Medal, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Expert Marksmanship Badge with Rifle and Automatic Rifle bars.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant was ever awarded an infantry MOS or that he was assigned to an infantry unit of brigade, regimental, or smaller size when the unit was engaged in active ground combat. There are no orders in the applicant’s service personnel records that show that he was awarded the Combat Infantryman Badge.
2. Records show the applicant should have discovered the error or injustice now under consideration on 11 June 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 June 1972. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jem ___ ___ym __ ___rvo __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
| CASE ID | AR2003088673 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031218 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050003700C070206
On the date he was released from active duty, he had completed 2 years, 7 months, and 3 days active military 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...
ARMY | BCMR | CY2005 | 20050016759C070206
The applicant requests, in effect, that his records be corrected to show all of his authorized awards for his period of service in Vietnam. Counsel requests that the applicant's records be corrected to include all of the awards to which he is entitled, specifically the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with “1960” Device, and the Combat Infantryman Badge. However, the regulation also states that in the case of duplicate awards covering the same period of time...
ARMY | BCMR | CY2004 | 2004100078C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 June 2004 DOCKET NUMBER: AR2004100078 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. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of...
ARMY | BCMR | CY2010 | 20100027799
The applicant requests award of the Combat Infantryman Badge (CIB). Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. However, his statement indicates the applicant was a combat engineer and demolition specialist attached to an engineer detachment in Vietnam, not an infantryman in an infantry unit.
ARMY | BCMR | CY2005 | 20050002444C070206
There is no evidence of records which shows that the applicant was awarded the Combat Infantryman Badge. There also is no evidence of records, and the applicant provides no evidence, to show that he is eligible for award of the Combat Infantryman Badge for his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for the period 8 June 1965 through 7 June...
ARMY | BCMR | CY2010 | 20100014833
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat...
ARMY | BCMR | CY2010 | 20100013558
The applicant requests award of the Combat Infantryman Badge (CIB). There is no evidence of record which shows he was awarded an infantry MOS. ___________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.
ARMY | BCMR | CY2010 | 20100019692
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 (CIB). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. ...
ARMY | BCMR | CY2008 | 20080014413
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Army Commendation Medal, and Combat Infantryman Badge. The applicants military personnel records are absent orders or any other evidence to show he was awarded the Combat Infantryman Badge. Therefore, it would be appropriate to correct his records to show this unit award.
ARMY | BCMR | CY2006 | 20060016640
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 June 2007 DOCKET NUMBER: AR20060016640 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. There is no evidence, and the applicant has provided no independent evidence, that shows he was ever awarded the Combat Infantryman Badge or was reclassified to or was awarded an infantry MOS. He is, therefore entitled...