RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070013861
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
Ms. Phyllis B. Mackey
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
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, in effect, that he be awarded the Combat Infantryman Badge.
2. The applicant states, in effect, that he served with the 101st Combat Infantry.
3. The applicant provides a copy of his DD Form 214 and a copy of his request and approval from the Army Board for Correction of Military Records for addition of the Bronze Star Medal and the Army Commendation Medal to his DD Form 214.
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. On 14 May 1968, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 35L2O (Aviation Communication Equipment Repairer).
3. Records show that the applicant was assigned for duty in the Federal Republic of Germany for 12 months from 15 February 1969 to 14 February 1970; and was then assigned to the Republic of Vietnam on 24 April 1970.
4. On 4 April 1971, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E5 and had completed 2 years, 10 months and 26 days of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar. It does not show award of the Combat Infantryman Badge.
6. In a separate action, while exhausting his administrative appeals, the applicant applied for addition of the Bronze Star Medal and the Army Commendation Medal to his DD Form 214. His request for the addition of these awards was approved on 19 July 2007 by the Army Board for Corrections of Military Records.
7. At the time the applicant was awarded the Army Commendation Medal and the Bronze Star Medal, he was assigned to the 159th Transportation Detachment, 101st Airborne Division.
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. 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, that in similar cases, 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:
The Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who held an infantry MOS. They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The applicant was classified as an Aviation Communication Equipment Repairer, MOS 35L. The applicant was assigned to a non-infantry unit, the 159th Transportation Detachment, 101st Airborne Division (Airmobile), while serving in Vietnam. There is no evidence to show that the applicant was assigned or attached to an infantry unit. There is no evidence he was ever awarded an infantry MOS while he served in Vietnam. Therefore, he is not eligible for award of the Combat Infantryman Badge for his service in Vietnam.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___YM___ ___EM___ __SP__ 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 for award of the Combat Infantryman Badge.
______Shirley L. Powell_______
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 | 20070009257
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Bronze Star Medal with "V" Device, Combat Infantryman Badge, Certificate of Appreciation for Active Duty Service, and any unit awards to which he is entitled. Records show that the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2002 | 2002082304C070215
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by showing he was awarded the Combat Infantryman Badge (CIB). The applicant’s military records show that he was inducted into the Army of the United States on 25 October 1967. The applicant served in Vietnam in an Infantry MOS (11F) and participated in action with the enemy for which he received an Army Commendation Medal, and is entitled to award of the Combat...
ARMY | BCMR | CY2007 | 20070013814
The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge 2. Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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...
ARMY | BCMR | CY2007 | 20070015387
There are no Special Orders in the available records that show he was promoted to SGT/ E-5 and the applicant did not provide sufficient evidence that shows he was promoted to SGT/E-5. Evidence of record shows the applicant was awarded the Vietnam Service Medal. 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 (1st Award) for exemplary behavior, efficiency, and fidelity...
ARMY | BCMR | CY2007 | 20070003146C071113
There are no orders in the applicant’s military service records which show that he was awarded the Combat Infantryman Badge. Although there are no orders or evidence of record that shows the applicant was awarded the Combat Infantryman Badge, the evidence of record shows that while serving in Vietnam during the period under review, the applicant was an infantryman performing infantry duties, assigned to an infantry company during such time as the unit was engaged in active ground combat,...
ARMY | BCMR | CY2006 | 20060013662
The records available contain no evidence which shows the applicant was awarded the Combat Infantryman Badge. Evidence shows the applicant participated in nine campaigns during his service in the Republic of Vietnam. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and by awarding a silver...
ARMY | BCMR | CY2002 | 2002069347C070402
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflect all the awards to which he is entitled, to include two awards of the Purple Heart, and award of the Bronze Star Medal. That form does not show award of the Purple Heart or the Army Commendation Medal, nor does it show his campaign participation. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was...
ARMY | BCMR | CY2009 | 20090002635
The applicant's orders and citation for award of the Army Commendation Medal with "V" Device for heroism on 10 December 1966 in Vietnam which show he was assigned to Company A, 1st Battalion, 327th Infantry while serving as a medic are accepted as sufficient evidence on which to base award of the Combat Medical Badge. Although the applicant's DA Form 20 shows he was assigned to an infantry company for 30 days and his duty MOS was 11B, there is no evidence of record which shows he was...
ARMY | BCMR | CY2006 | 20060007199C070205
The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and general orders awarding him the Bronze Star Medal. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. Therefore, the Board requests that the CMSD-St. Louis...
ARMY | BCMR | CY2001 | 2001063622C070421
Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that one bronze service star is authorized for the Vietnam Service Medal for each campaign when assigned for duty with a unit during the period in which it participated in combat, or was under order to such unit in a combat zone. Therefore, the Board is of the opinion that the applicant is entitled to the award of the CIB. However, evidence of record shows the applicant served during eight campaigns during his...