RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 January 2008
DOCKET NUMBER: AR20070013076
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. David K. Haasenritter
Chairperson
Mr. James R. Hastie
Member
Mr. Edward E. Montgomery
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, he served in Vietnam with Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, 23rd Infantry Division (Americal). He adds that he was in combat with this unit and is, therefore, entitled to the CIB.
3. The applicant provides the following additional documentary evidence in support of his application:
a. a self-authored memorandum, dated 5 September 2007, addressed to the National Personnel Records Center;
b. Headquarters, Americal Division, General Orders Number 5595, dated 23 June 1969, awarding him the Army Commendation Medal; and
c. an extract from the "Army Times", dated 9 February 2007.
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 applicants 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 applicants 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 a Regular Army (RA) staff sergeant (SSG)/E-6. He retired for length of service on 31 March 1988 with 20 years and 7 days of creditable active Federal service from two separate periods of active service 6 February 1968 through 5 February 1971, and 24 March 1971 through 31 March 1988.
3. During his first period of RA service, the applicant officially held only one military occupational specialty (MOS), that of 71T (Maintenance Data Specialist). The record shows he served in the Republic of Vietnam from 2 April 1969 to
1 April 1970 with Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, 23rd Infantry Division.
4. The applicant's records do not contain a DA Form 20 (Enlisted Qualification Record). This document would have shown any other MOS in which the applicant many have served.
5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period covering his Republic of Vietnam service does not show award of the CIB. There are no orders in his service personnel records which show that he was awarded an infantry MOS or the CIB.
6. The submitted Army Times article, dated 9 February 2007, comments on expanding award of the Combat Infantryman Badge to infantry and Special Forces Soldiers who serve as advisors or trainers to certain Afghan national army and Iraqi army units. It also states that to qualify, the Soldier must have been personally present and participated in combat operations.
7. The applicant submitted a copy of memorandum, dated 5 September 2007, that he addressed to the National Personnel Records Center, describing his combat missions while assigned to the 1st Battalion, 21st Infantry in the Republic of Vietnam.
8 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 military occupational specialty (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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests he be awarded the CIB. In order to be awarded the CIB, he must have been awarded an infantry MOS, and he must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
2. Based upon the available evidence, the applicant's entitlement to the CIB cannot be determined. While it is true he was assigned to a qualifying infantry unit Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, 23rd Infantry Division there is no record he possessed an infantry MOS or that he engaged in active ground combat.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__dkh___ __jrh___ __eem___ 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.
David K. Haasenritter
______________________
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070000658
There are no orders in the applicant's military service records awarding him the Purple Heart. The date for which the medal was awarded is within the applicant's period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 12 March 1971 to show award of the Purple Heart for wounds received on 11 July 1970 in the Republic of Vietnam, the Army Commendation...
ARMY | BCMR | CY2011 | 20110018280
Item 38 (Record of Assignments) shows he received excellent conduct and efficiency ratings at all of his active duty assignments. Although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN, it does confirm he served as an infantryman in MOS 11B with a qualifying infantry unit during his tour of duty in the RVN. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2006 | 20060012763
The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence of record clearly shows that the applicant served in infantry duties while assigned to an infantry unit when it engaged in active ground combat; therefore, he is entitled to award of the Combat Infantryman Badge, effective 14 July 1968, the first date he was wounded and correction of his military records to show the award of the Combat Infantryman Badge. As a result, the Board...
ARMY | BCMR | CY2007 | 20070018814
However, he only served with this unit for 24 days, and there is no evidence in the applicant's military records which conclusively shows that this unit engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat. While the sincerity of the applicant's claim to entitlement to award of the Combat Infantryman Badge is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide...
ARMY | BCMR | CY2013 | 20130005513
He estimates the applicant's date of eligibility (for the CIB) would be approximately 10 December 1969. b. Americal Division General Orders Number 7660, dated 1 July 1970, showing the applicant, the applicant's witness, and other Soldiers were awarded the Army Commendation Medal for meritorious achievement from 1 January to 30 April 1970. c. DD Form 214 for Terry G. G____. The applicant contends that his military records should be corrected to show he was awarded the CIB because he served...
ARMY | BCMR | CY2006 | 20060011862
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20060011862 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 Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests his records be corrected to show his date of birth (DOB) as 7 March 1950 and that he earned...
ARMY | BCMR | CY2013 | 20130009062
The applicant requests award of the Combat Infantryman Badge (CIB). The applicant states he meets the criteria to be awarded the CIB based on his infantry military occupational skill (MOS) and his service in an infantry unit in the Republic of Vietnam between 24 October 1968 and 23 October 1969. His infantry MOS and assignment to an infantry unit while serving in the Republic of Vietnam are not in question; however, there is no evidence, and he did not submit evidence, which shows he was...
ARMY | BCMR | CY2009 | 20090000840
The applicant's military records show he was inducted into the Army of the United States and entered active duty on 22 July 1969. The fact that the applicant provided an internet article recounting a booby trap incident that occurred on 15 April 1970, is not sufficient evidence to show that he was assigned to C Company, 4th Battalion, 3d Infantry at the time of the incident. In any case, there is no evidence in the available records to show that the applicant should be awarded the CIB.
ARMY | BCMR | CY2009 | 20090011413
Application for correction of military records (with supporting documents provided, if any). Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. _______ _ 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 | CY2008 | 20080001819
His DD Form 214 does not show any additional awards. There are no orders in the applicant's available personnel records which show that he was awarded the Combat Infantryman Badge. DISCUSSION AND CONCLUSIONS: The evidence shows that the applicant held an infantry MOS and was assigned duties as a student of the Americal Combat Course and as a grenadier with an infantry unit; however, there is no evidence, and the applicant provided none to show he served in active ground combat while...