BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090003217
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 listed as an authorized award on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he never received the CIB, but he did have orders.
3. The applicant provides copies of his second DD Form 214, his reenlistment contract, and his final discharge orders from the U.S. Army Reserve (USAR).
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 was inducted on 15 August 1968. He completed training in military occupational specialty (MOS) 11B as a light weapons infantryman and was stationed in Vietnam with C Company,1st Battalion, 502nd Infantry, 101st Airborne Division, on 11 March 1969.
3. On 20 April 1969, he was discharged to reenlist for Career Group 36 as a wire maintenance man.
4. His DD Form 214 for the period ending 20 April 1969 shows, in block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that his authorized awards were comprised of the National Defense Service Medal and the Vietnam Service Medal.
5. On 25 April 1969, he was assigned to Headquarters and Headquarters Battery, 101st Airborne Division Artillery as an ammunition handler in MOS 13A.
6. The applicant completed his tour of duty in Vietnam on 29 June 1970, returned to the U.S. and, on 12 January 1972, he was separated from active duty and transferred to the USAR Control Group (Reinforcement) as a specialist (E-4).
7. Block 24 of his second DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with five bronze service stars, [Republic of] Vietnam Campaign Medal with 1960 device, two Overseas Service Bars, Army Commendation Medal, Bronze Star Medal, and the Good Conduct Medal.
8. The applicant's DA Form 20 (Enlisted Qualification Record) indicates the same awards and also lists his marksmanship qualifications.
9. There are no available orders awarding the applicant the CIB.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB 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 states that he never received the CIB, but he did have orders.
2. Unfortunately, there are no available orders awarding the applicant the CIB.
3. Nevertheless, the applicant may be justifiably proud of his service. To have simply reenlisted and stayed in Vietnam is noteworthy; to have been awarded the Bronze Star Medal and the Army Commendation Medal during a single tour of duty as an enlisted Soldier is remarkable.
4. Unfortunately, there is no available documentation to support the applicant's contention and no rationale to support the conclusion the requested relief is warranted.
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) AR20090003217
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003217
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100012546
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 Purple Heart (PH) and two Bronze Star Medals (BSM) he received during his service in the Republic of Vietnam (RVN). Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board...
ARMY | BCMR | CY2014 | 20140009247
The applicant states: * he is a Vietnam veteran * he served with the 101st Airborne Division * his BSM is not listed on his DD Form 214 * his secondary MOS (SMOS) of 71B (Clerk-Typist) is on his DD Form 214, but his PMOS of 11B is not listed * he believes that he is entitled to the CIB * there may be other division citations that are not listed on his DD Form 214 3. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to...
ARMY | BCMR | CY2015 | 20150002008
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 24 October 1968 to 21 August 1970; b. awarding him the Combat Infantryman Badge effective 23 March 1970; and c. amending his DD Form 214 by...
ARMY | BCMR | CY2008 | 20080018370
The applicant requests, in effect, that all awards he earned during his active duty service, to include service medals authorized for Republic of Vietnam (RVN) service, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge...
ARMY | BCMR | CY2011 | 20110021855
The applicant also provided a certificate which shows he was awarded the CIB. His DD Form 214 shows he received the following awards: * BSM * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * 2 overseas service bars 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form...
ARMY | BCMR | CY2002 | 2002082304C070215
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by showing he was awarded the Combat Infantryman Badge (CIB). The applicant’s military records show that he was inducted into the Army of the United States on 25 October 1967. The applicant served in Vietnam in an Infantry MOS (11F) and participated in action with the enemy for which he received an Army Commendation Medal, and is entitled to award of the Combat...
ARMY | BCMR | CY2005 | 20050003803C070206
The applicant requests award of the Combat Infantryman Badge (CIB), Bronze Star Service Medal (BSM) and the Army Commendation Medal (ARCOM). Therefore, the applicant is entitled to correction of his records to show these awards. Evidence of record shows that the applicant’s primary MOS was 11B when he was inducted in the Army in February 1968.
ARMY | BCMR | CY2009 | 20090013490
The applicant requests, in effect, that his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the dates of his service in the Republic of Vietnam (RVN) and that he be awarded the Combat Infantryman Badge (CIB). Therefore, it would be appropriate to correct item 30 of his DD Form 214 by deleting the current "VN Service: None" entry in item 30 and replacing it with the entry "Vietnam Service: 19690111-19700107" which documents...
ARMY | BCMR | CY2014 | 20140016888
The applicant requests award of the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. Records show he participated in two campaigns during his service in the Republic of Vietnam; therefore,...
ARMY | BCMR | CY2013 | 20130021531
IN THE CASE OF BOARD DATE: 29 July 2014 DOCKET NUMBER: AR20130021531 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130001373, dated 13 August 2013, wherein he requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB). The applicant...