Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090001395
Original file (20090001395.txt) Auto-classification: Denied
		BOARD DATE:	  February 17, 2010

		DOCKET NUMBER:  AR20090013952 


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 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.

2.  The applicant states he was with an element of the 9th Infantry Division, personally under fire, and in a combat zone.  

3.  The applicant provides his DD Form 214, photocopies of unit related history, and photocopies of several photographs which included him in support of this application.

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's military records show he was inducted into the Army of the United States on 3 February 1969.  He was awarded the military occupational specialty (MOS) of 17B (radar crewman), and was promoted to pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 11 July 1969 to 9 July 1970.

4.  Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority.

5.  The applicant was honorably released from active duty on 2 February 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of creditable active service.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Combat Infantryman Badge, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit, in addition to evidence that the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  There is no evidence the applicant was ever awarded an infantry MOS or that he was assigned to a qualifying infantry unit of brigade, regimental or smaller size.  While the applicant provided a unit history and several photographs of himself with other Soldiers, there is no evidence in the available records and he did not provide sufficient evidence to corroborate that he personally engaged in active ground combat with enemy forces.  As such, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

2.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20090013952



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013952



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090004966

    Original file (20090004966.txt) Auto-classification: Denied

    Many of the documents provided by the applicant are new evidence, which requires that the Board reconsider his request. There are no orders in the available records to show that he was awarded the Combat Infantryman Badge. While he contends in his statement that he held an infantry MOS of 745/rifleman, his DD Form 214 shows that he served as a Chief Wheel Vehicle Mechanic in MOS 1014 and that his most significant duty assignment was with Service Company (a support element) of the 32nd Infantry.

  • ARMY | BCMR | CY2008 | 20080013045

    Original file (20080013045.txt) Auto-classification: Approved

    The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his unit’s morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...

  • ARMY | BCMR | CY2008 | 20080002121

    Original file (20080002121.txt) Auto-classification: Denied

    The following members, a quorum, were present: The Board considered the following evidence: Exhibit A - Application for correction of military records. There was no evidence in the available records and the applicant had not provided sufficient evidence to show that he was directly involved in active ground combat or that he was performing infantry duties while assigned to an infantry unit of brigade, regimental, or smaller size. The applicant provided, as new evidence, copies of several...

  • ARMY | BCMR | CY2014 | 20140016544

    Original file (20140016544.txt) Auto-classification: Denied

    He also provided 12 photographs taken with fellow Soldiers during his period of service in the Republic of Vietnam, and several letters home that discuss personal issues and his military duties. He was awarded an infantry MOS and he served with an infantry unit during his initial period of service in the Republic of Vietnam; however, the available evidence does not sufficiently corroborate his engagement with the enemy in active ground combat while assigned to an infantry unit. ...

  • ARMY | BCMR | CY2011 | 20110012590

    Original file (20110012590.txt) Auto-classification: Denied

    Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the CIB. There is no evidence in the available record which shows the applicant was either recommended for or awarded the CIB. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat...

  • ARMY | BCMR | CY2008 | 20080013241

    Original file (20080013241.txt) Auto-classification: Approved

    The applicant requests that his records be reviewed to determine if he is entitled to a combat award or the Combat Infantryman Badge. The applicant requests that his record be reviewed to determine if he was entitled to a combat award or the Combat Infantryman Badge. Therefore, the applicant is not entitled to correction of his records to show the Combat Action Badge.

  • ARMY | BCMR | CY2008 | 20080012534

    Original file (20080012534.txt) Auto-classification: Denied

    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 | CY2008 | 20080004623

    Original file (20080004623.txt) Auto-classification: Denied

    The applicant requests award of the Combat Medical Badge and the Bronze Star Medal based on award of the Combat Medical Badge. The sole criteria that qualify medical personnel for award of the CMB is to be assigned or attached to an infantry unit engaged in active ground combat. The evidence of record shows the applicant served as a medical specialist during his service in WW II.

  • ARMY | BCMR | CY2010 | 20100009921

    Original file (20100009921.txt) Auto-classification: Approved

    During its original review of the case, the Board found no evidence of record the applicant served in active ground combat during his tour in the Republic of Vietnam (RVN) and as a result concluded there was insufficient evidence to support award of the CIB. Further, there is no indication he was ever assigned to an infantry staff headquarters or to non-infantry duties during his tenure of assignment in the RVN, and given his unit regularly participated in combat operations and was cited...

  • ARMY | BCMR | CY2008 | 20080016771

    Original file (20080016771.txt) Auto-classification: Denied

    There are no orders in the applicant’s service personnel records that show he was awarded the Combat Infantryman Badge. The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS or special forces primary duty while the unit engaged in active ground combat.