IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080016784
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 his Combat Infantryman Badge (CIB) be added to his separation document (DD Form 214).
2. The applicant states that he served as an infantryman in three campaigns in Vietnam. While he wore a CIB while in Vietnam, it is not on his DD Form 214.
3. The applicant provides a letter from his U.S. Senator which forwarded copies of extracts from his military records, and a letter from the National Archives which forwards a history of the 3rd Battalion, 506th Infantry during Vietnam.
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 was inducted into the Army of the United States on 20 April 1966. He was awarded the military occupational specialty (MOS) of light weapons infantryman, 11B, and was promoted to pay grade E-5. He served in Vietnam from 3 October 1967 to 11 April 1968.
3. The applicant's DA Form 20, Enlisted Personnel Record, shows that prior to his deployment to Vietnam, he served as a scout observer, a radio teletype operator, and a light truck driver. While assigned to an infantry unit in Vietnam, the applicant's duty MOS was listed as a light weapons infantryman.
4. The applicant was honorably released from active duty on 7 April 1968.
5. 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an infantryman serving in an infantry unit.
2. However, there is no evidence to show that the applicant served in active ground combat.
3. Since the applicant worked in three different duty MOSs prior to being deployed to Vietnam, it is entirely possible that, while he was assigned in an infantryman duty MOS position, he was utilized in another capacity.
4. Without evidence to show that the applicant served in active ground combat, there is insufficient evidence in which to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20080016784
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016784
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110012622
The applicant states he should be considered for the CIB: * for serving in Vietnam during the period 15 October 1970 through 11 February 1971 * it was never awarded nor recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 3. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground...
ARMY | BCMR | CY2010 | 20100017106
There are no orders in his records that show he was awarded the CIB. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was assigned to an infantry unit or that he was an active participant in ground combat while assigned to an infantry unit. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any...
ARMY | BCMR | CY2010 | 20100010551
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). In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base...
ARMY | BCMR | CY2007 | 20070016540
There are no orders or other evidence in the applicants military service records that show he was awarded the Combat Infantryman Badge. The applicant contends, in effect, that his request for award of the Combat Infantryman Badge should be reconsidered because he held MOS 11B as his secondary MOS, served in duty MOS 11B, and also served in combat situations during his second tour in the RVN. There are no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2011 | 20110005244
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Combat Infantryman Badge (CIB). The applicant states he was awarded the CIB and this award was omitted from his DD Form 214. The applicant's Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB based on his active duty service in Vietnam.
ARMY | BCMR | CY2009 | 20090008200
The applicant requests award of the Combat Infantryman Badge (CIB). However, there is no evidence in the available records, nor has the applicant submitted any evidence that shows he was engaged in active ground combat while he was in Vietnam. 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.
ARMY | BCMR | CY2009 | 20090017635
His personnel records do not contain orders which show he was awarded the CIB. The evidence of record shows the applicant was awarded MOS 11B and served in this MOS while performing the duties of a squad leader with the 173rd Airborne Brigade during his tour in Vietnam. _______ _ __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 | CY2010 | 20100028420
BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100028420 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's infantry MOS and service with the 1st Battalion, 16th Infantry, in Vietnam are not in question. Notwithstanding his sincerity, the statement of support from LTC R*** was noted; however, it stated the applicant was a member of the reconnaissance platoon and served as an 11B in Vietnam, it did not state he participated in ground combat.
ARMY | BCMR | CY2008 | 20080002806
The applicant requests award of the Combat Infantryman Badge (CIB) and to have his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman). The applicants DD form 214 shows that he was awarded the (MOS) 13A (Cannoneer). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service...
ARMY | BCMR | CY2013 | 20130004100
The applicant provides copies of: * His DD Form 214 * Orders from the U.S. Army Reserve dated 21 March 1973 * Orders assigning him to the 121st Aviation Company, dated 4 June 1968 * DA Form 20 (Enlisted Qualification Record) * A 10-page self-authored letter * Information on Pathfinders * A picture of himself as a Pathfinder in the Republic of Vietnam (RVN) CONSIDERATION OF EVIDENCE: 1. Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the CIB. He also provides...