IN THE CASE OF:
BOARD DATE: 2 December 2008
DOCKET NUMBER: AR20080013746
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 that the Combat Infantryman Badge (CIB) be added to his separation document (DD Form 214).
2. The applicant states that he is entitled to the CIB for his service in Vietnam.
3. The applicant provides his DD Form 214 and Special Order A-181 dated 20 October 1966 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 military records show that he enlisted in the Regular Army on 19 October 1965, was awarded the military occupational specialty of clerk, and was promoted to pay grade E-4.
3. The applicant arrived in Vietnam on 10 April 1966 and was assigned to a medical battalion as a clerk typist.
4. On 21 October 1966, the applicant departed Vietnam in a patient status. He was medically boarded and was honorably released from active duty on 8 May 1967 and placed on the Temporary Disability Retired List (TDRL) the following day.
5. The DD Form 214 issued to the applicant shows his MOS as a clerk and does not show that he was awarded the CIB.
6. The applicant's military records do not contain orders awarding him the CIB. The applicant's DA Form 20, Enlisted Qualification Record, does not show the CIB.
7. Army Regulation 600-8-22 provides that the CIB 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, 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 applicant's contention that he should be awarded the CIB is not supported by the evidence of record.
2. The applicant was a clerk who was assigned to a medical battalion.
3. Since the applicant was not an infantryman assigned to an infantry unit, he is not entitled to a CIB.
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) AR20080013746
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080013746
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 2013001987
He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 76A (Supply Clerk). The applicant contends he should be awarded the CIB because he served with the 1st Battalion, 5th Cavalry Regiment in the Republic of Vietnam. The evidence of record shows he was assigned to the 1st Battalion, 5th Cavalry Regiment during his service in the Republic of Vietnam.
ARMY | BCMR | CY2013 | 20130019875
He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 76A (Supply Clerk). The applicant contends he should be awarded the CIB because he served with the 1st Battalion, 5th Cavalry Regiment in the Republic of Vietnam. The evidence of record shows he was assigned to the 1st Battalion, 5th Cavalry Regiment during his service in the Republic of Vietnam.
ARMY | BCMR | CY2012 | 20120010806
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 1 August 1969, to show award of the Combat Infantryman Badge (CIB) and the Letter of Commendation that he provided. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the CIB to Army forces operating in South Vietnam. It is not a basis for award of the CIB.
ARMY | BCMR | CY2012 | 20120004813
IN THE CASE OF: BOARD DATE: 13 September 2012 DOCKET NUMBER: AR20120004813 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in...
ARMY | BCMR | CY2008 | 20080015687
Item 41 (Awards and Decorations) of this same document had an entry which showed that he was awarded the CIB, but this entry, which did not contain an authority for awarding the CIB, was also struck through. There is no evidence that he performed duties in MOS 11 on his DA Form 20. Further, although he provides pictures from his service in the RVN, these pictures do not conclusively show that he was performing infantryman duties or that he was actively engaged in combat against the enemy.
ARMY | BCMR | CY2010 | 20100010859
The applicant requests that his records be corrected to reflect awards of the Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM) with V Device. There simply are no orders to show that he was awarded the CIB and the ARCOM with V Device and the evidence is absent any evidence to show that he was even qualified to be awarded the CIB for his service in Vietnam because there is no evidence to show that he served as an infantryman. Therefore, the Board determined that the...
ARMY | BCMR | CY2010 | 20100021441
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served as an infantryman in Vietnam. His DD Form 214 shows his MOS was 36A and that he was awarded the Vietnam Service Medal and his marksmanship badges. While the applicants records show he served as an infantryman more than 3 months while he was in Vietnam, there is no evidence to show that...
ARMY | BCMR | CY2009 | 20090014005
There are no orders in the applicant's records that show he was awarded the CIB. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
ARMY | BCMR | CY2003 | 2003090923C070212
The applicant was discharged at Fort Campbell on 9 October 1967. The evidence shows that the applicant served in Vietnam as a supply clerk with an aviation battalion. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2010 | 20100020744
A DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) he was awarded MOS 71B (Clerk-Typist) on 17 May 1968 * item 31 (Foreign Service) he served in Vietnam from 22 January 1969 to 23 February 1970 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Headquarters and Headquarters Detachment, 79th Maintenance Battalion, from 25 January to 10 August 1969 * Headquarter and Headquarters Company, 3d Battalion, 8th Infantry,...