IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080009728
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, in effect, that he be issued a DD Form 215 (Correction to DD Form 214 [Armed Forces of the United States Report of Transfer or Discharge]) to show his award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he was a Combat Infantryman in Vietnam in 1966 through 1967 with an MOS (military occupational specialty) of 11B20. He engaged in combat with the enemy. His original DD Form 214 does not show his award of the Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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's record shows he was inducted on 14 December 1965. He was trained as a Light Weapons Infantryman, in MOS, 11B. He was promoted to specialist (SPC/E-4) effective 24 January 1967.
3. The applicant served in Vietnam from 1 June 1966 to 26 May 1967. He served until he was honorably released from active duty on 13 December 1967.
4. The applicants DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal with Device (1960); one Overseas Service Bar; the Expert Marksmanship Qualification Badge, with Machinegun Bar (M-60 MG); and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14). His DD Form 214 does not show any additional awards.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge as an authorized award in item 41 (Awards and Decorations).
6. The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Combat Infantryman Badge.
7. The applicant provided no orders to show he received the Combat Infantryman Badge as he indicated in his application to the Board.
8. The applicant's DA Form 20, item 38 (Record of Assignments), shows the applicant served as a security guard, in MOS 11B20, with Advisory Team 95, III Corps, Advisory Group, USMACV-USARPAC (United States Army Military Assistance Command, Vietnam United States Army Pacific Command).
9. Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers, and to enlisted and warrant officer personnel 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 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant held an infantry MOS and was assigned as a security guard with Advisory Team 95, III Corps, Advisory Group, USMACV-USARPAC; however, there is no evidence, and the applicant provided none to show he served in active ground combat with an infantry unit serving in Vietnam.
2. In his application to the Board, the applicant stated, "I request a DD Form 215 showing my award of the Combat Infantryman Badge." There is no evidence orders were ever published and that he was ever awarded the Combat Infantryman Badge. He is therefore not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.
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) AR20080009728
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009728
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100017374
He states he was assigned duties as a senior advisor with the U.S. Military Assistance Command, Vietnam (USMACV), with duty with the 4th Battalion, 49th Infantry, 25th Army of the Republic of Vietnam (ARVN) Division. He based his actions on an intelligence report that the VC again planned to attack the 4th Battalion. This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational...
ARMY | BCMR | CY2010 | 20100009802
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. The applicant was assigned to a unit during a period of time that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060017206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2007 DOCKET NUMBER: AR20060017206 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. Item 9 (Military Occupational Specialties), of his DA Form 66 (Officer Qualification Record), shows that he was awarded the MOS of 1542, Infantry Unit Commander, effective 19 March 1968, the date he completed IOBC, and...
ARMY | BCMR | CY2002 | 2002076566C070215
APPLICANT REQUESTS: The applicant requests that Item 23 (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by replacing military occupational specialty (MOS) 63C20 (Wheel Vehicle Mechanic) with MOS 11B40 (Light Weapons Infantryman); and that he be issued the Combat Infantryman Badge (CIB) and any other pertinent awards. APPLICANT STATES : In essence, that he always served in MOS 11B40; that the orders that...
ARMY | BCMR | CY2006 | 20060003040C070205
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 service on or after 27 June 1950 of less than 3 years but more than 1 year. There is no evidence of record which shows he held an infantry MOS while assigned to an infantry unit during combat in Vietnam. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2006 | 20060017648
The applicant requests, in effect, that he be awarded the MOS (military occupation specialty), of 11B20, Light Weapons Infantryman, the Combat Infantryman Badge, and the Good Conduct Medal. The evidence of record shows the applicant was trained as a teletypewriter repairman, in MOS, 31J20, and his last duty of assignment was with HHC, 4th Supply and Transport Battalion, 4th Infantry Division, in Vietnam. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2003 | 2003090459C070212
While assigned to Company F, 75th Infantry (Rangers), he was awarded the CIB. The applicant's records contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 22 May 2002, which corrects his DD Form 214 to show the Vietnam Service Medal w/4 bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The evidence of record...
ARMY | BCMR | CY2005 | 20050002238C070206
The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a disqualification from any of the applicant's active duty commanders that would have precluded him from receiving the Army Good Conduct Medal (AGCM). The evidence of record confirms the applicant enlisted in the RA and entered active duty on 17 April 1967, as evidenced by the DD Form 4 on file. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2003 | 2003090818C070212
The applicant participated in three campaigns during his tour in Vietnam, and the Command Communications Center Company was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions during the period the applicant was assigned to that unit. His DD Form 214 does not reflect the above-mentioned awards, nor does it show award of the Combat Infantryman Badge. The Board determined that the evidence presented was sufficient to...
ARMY | BCMR | CY2008 | 20080014956
He also states that he was not awarded a PH medal for wounds he received in Lai Khe, South Vietnam. There are no orders in the applicant's personnel records which show he was awarded the Purple Heart. The evidence of record shows the applicant served in an infantry MOS as a security guard with the USMACV during his tour in Vietnam.