Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090001219
Original file (20090001219.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       23 April 2009

		DOCKET NUMBER:  AR20090001219 


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, award of the Combat Infantryman Badge.

2.  He states that he was in many situations in Vietnam. 

3.  The applicant provides, in support of his request, a copy of his  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted on 10 November 1964.  He completed training in military occupational specialty (MOS) 11B as a light weapons infantryman and was assigned to the 2nd Battalion, 35th Infantry, 25th Infantry Division in Hawaii.

3.  On 5 January 1966 the applicant deployed to Vietnam with the unit.  The applicant was transferred, on 13 August 1966, to Fort Buchanan, Puerto Rico.

4.  His DD Form 214 shows he was released from active duty with an honorable characterization of service, on 24 August 1966, and transferred to the U.S. Army Reserve (Annual Training).  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the Vietnam Service Medal, Good Conduct Medal and the National Defense Service Medal.

5.  Item 41 (Awards and Decorations ) of his DA Form 20 (Enlisted Qualification Record) lists his authorized awards as the Vietnam Service Medal, National Defense Service Medal and the Good Conduct Medal.

6.  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 USARV 672-1 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, in effect, states that he should be awarded the Combat Infantryman Badge.

2.  Although the applicant was attached to an infantry unit of qualifying size, there is, unfortunately,  no available evidence that he participated in actual ground combat.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.


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)                                         AR20090001219





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001219



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100013794

    Original file (20100013794.txt) Auto-classification: Denied

    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. 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. In the absence of official orders or other documentary evidence such as...

  • ARMY | BCMR | CY2011 | 20110003928

    Original file (20110003928.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his military occupational specialty (MOS) as 11B and award of the Combat Infantryman Badge 2. c. Item 38 (Record of Assignments) shows he served in duty MOS 94B throughout his military service; it does not show any entries for service in an infantry duty MOS. However, the evidence of record shows the applicant's MOS was 94B.

  • ARMY | BCMR | CY2009 | 20090016249

    Original file (20090016249.txt) Auto-classification: Denied

    The applicant requests that his award of the Combat Infantryman Badge be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. 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...

  • ARMY | BCMR | CY2010 | 20100017286

    Original file (20100017286.txt) Auto-classification: Denied

    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. The applicant's active duty military records from 1966 to 1970 are not available for review. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

  • ARMY | BCMR | CY2010 | 20100009565

    Original file (20100009565.txt) Auto-classification: Denied

    There is no evidence of record which shows he was awarded an infantry MOS. Therefore, there is insufficient evidence on which to base award of 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 | CY2007 | 20070016540

    Original file (20070016540.txt) Auto-classification: Denied

    There are no orders or other evidence in the applicant’s 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 | CY2012 | 20120007546

    Original file (20120007546.txt) Auto-classification: Approved

    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. The applicant's served in Vietnam with an infantry unit as a rifleman and gunner. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Combat Infantryman Badge for service on 26 February 1966 * deleting the Vietnam Service Medal from his DD...

  • ARMY | BCMR | CY2007 | 20070004398

    Original file (20070004398.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2007 DOCKET NUMBER: AR20070004398 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. 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 military occupational specialty (MOS) and required...

  • ARMY | BCMR | CY2009 | 20090002163

    Original file (20090002163.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 28 May 1971 to show the Combat Infantryman Badge, the Combat Medical Badge, and the "Helicopter Crewman's Badge" [correctly known as the Aircraft Crewman Badge]. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.

  • ARMY | BCMR | CY2009 | 20090004124

    Original file (20090004124.txt) Auto-classification: Denied

    Additionally, the regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met." The applicant states he should be awarded the Combat Infantryman Badge...