IN THE CASE OF:
BOARD DATE: 17 June 2008
DOCKET NUMBER: AR20080001186
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge for his service in the Republic of Vietnam.
2. The applicant states that he served for a year in the field with Company A, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade. He participated in a number of fire fights and combat operations but was never awarded the Combat Infantryman Badge.
3. The applicant provides no additional documentation.
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 23 May 1968, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 29 October 1968, the applicant was assigned for duty in the Republic of Vietnam. He served as a team leader with Company A, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade, until his return to the United States on 23 October 1969.
4. On 7 December 1969, the applicant was assigned for duty as a squad leader at Fort Hood, Texas.
5. On 22 May 1970, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty.
6. 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, Army Commendation Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Machinegun Bar. It does not show award of the Combat Infantryman Badge.
7. 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.
8. 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 AND CONCLUSIONS:
1. The applicant has not provided any evidence to substantiate his contention that he participated in ground combat.
2. The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, it does not sufficiently show that he ever engaged in active ground combat. Therefore, his request for award of the Combat Infantryman Badge should not be granted.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
__________ _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.
ABCMR Record of Proceedings (cont) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080001186
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080012534
The applicant's records do not contain any orders that show he was awarded the Combat Infantryman Badge. 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. In the absence of evidence that he actively participated in combat while assigned to an...
ARMY | BCMR | CY2010 | 20100014960
The applicant's request for award of the Combat Infantryman Badge has been carefully considered; however, there is insufficient evidence to support this request. Absent this evidence, there is insufficient evidence upon which to award 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 | 20080017351
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). The applicant's records show that he served in the Republic of Vietnam from 21 August 1971 to 21 April 1972. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.
ARMY | BCMR | CY2010 | 20100009754
Application for correction of military records (with supporting documents provided, if any). His records do not contain orders awarding him the Combat Infantryman Badge. A Soldier may be awarded both the Combat Infantryman Badge and the Combat Medical Badge for the same period or during the same conflict, but not for the same act.
ARMY | BCMR | CY2008 | 20080018859
The applicant's infantry MOS and assignment to an infantry unit in the Republic of Vietnam are not in question. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. XXX _________________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2014 | 20140016363
Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy. The applicant's service record does not contain sufficient evidence that shows he was engaged in active ground combat with the enemy while assigned to his infantry units in Vietnam. ___________X__________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...
ARMY | BCMR | CY2007 | 20070005715
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2007 DOCKET NUMBER: AR20070005715 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 states, in effect, that he was awarded the Combat Infantryman Badge in the field while serving in Vietnam but it was never recorded on item 24, of his DD Form 214. As a result, the Board recommends...
ARMY | BCMR | CY2008 | 20080004507
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. The evidence of record shows that the applicant was awarded the MOS 11B (Infantryman) and was assigned to an infantry unit of brigade, regimental or smaller size; however, the applicant has not provided sufficient evidence showing that he was directly involved in ground combat. Evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2010 | 20100013226
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013339, on 2 February 2010. 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 | CY2009 | 20090019730
DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there are no orders for the Combat Infantryman Badge. In addition, there is no evidence of record and the applicant did not provide any evidence which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Regrettably, there is insufficient...