Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090005696
Original file (20090005696.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090005696 


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 he be awarded the Combat Infantryman Badge.

2.  The applicant states he was assigned an infantry military occupational specialty (MOS) and served in that MOS in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (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 October 1968, completed training, and was awarded MOS 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows service in Vietnam with Company A, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division from 7 June 1969 through 27 January 1970.  His duty MOS's were Rifleman and Grenadier.  His awards are listed as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the First Class Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

4.  The applicant was honorably released from active duty on 31 January 1970 with 1 year, 3 months, and 21 days of creditable service.  His DD Form 214 lists his awards as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

5.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was assigned an infantry MOS and served in that MOS in Vietnam.

2.  The available record contains no documentation to show that the applicant served in active ground combat while stationed in Vietnam.  Therefore, eligibility for award of the Combat Infantryman Badge cannot be substantiated.

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)                                         AR20090005696





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005696



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014041

    Original file (20080014041.txt) Auto-classification: Approved

    The applicant's military records show that he was inducted into the Army of the United States on 23 April 1968. The applicant's military records do not show that he was awarded the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge for engaging in active combat with the enemy on 12 November 1968 in Vietnam while serving as a private/E-2; b. awarding him...

  • ARMY | BCMR | CY2008 | 20080013401

    Original file (20080013401.txt) Auto-classification: Approved

    There are no orders in his military records which awarded him the Combat Infantryman Badge. The applicant's military records also do not show that he was awarded the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the award of the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and the Sharpshooter...

  • ARMY | BCMR | CY2006 | 20060009941

    Original file (20060009941.txt) Auto-classification: Approved

    The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 Device. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit...

  • ARMY | BCMR | CY2008 | 20080014096

    Original file (20080014096.txt) Auto-classification: Approved

    Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and marksmanship Qualification...

  • ARMY | BCMR | CY2011 | 20110020927

    Original file (20110020927.txt) Auto-classification: Approved

    The applicant contends he should be awarded the CIB and his DD Form 214 should be corrected to show this award and the Purple Heart. The evidence of record shows he was assigned to 2 different infantry units during his service in the Republic of Vietnam. Awarding him the Army Good Conduct Medal (1st Award), for the period 14 May 1969 through 22 March 1971; and c. Amending item 24 of his DD Form 214 by deleting the "Vietnam Service Medal" and adding the: * Combat Infantryman Badge * Purple...

  • ARMY | BCMR | CY2007 | 20070011315

    Original file (20070011315.TXT) Auto-classification: Approved

    There are no General Orders in the applicant's records that show he was awarded the Combat Infantryman Badge. Evidence of record shows that the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Good Conduct Medal for the period 6 March 1969 through 5 March 1971, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil...

  • ARMY | BCMR | CY2009 | 20090002744

    Original file (20090002744.txt) Auto-classification: Approved

    The applicant’s military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat...

  • ARMY | BCMR | CY2010 | 20100012625

    Original file (20100012625.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 the Combat Infantryman Badge and any other awards he may have earned. In the absence of corroborating evidence showing he was awarded or recommended for award of the Combat Infantryman Badge or that he ever engaged in active ground combat, there is insufficient evidence to support award of the Combat Infantryman Badge in this case. As a result, the Board...

  • ARMY | BCMR | CY2010 | 20100016594

    Original file (20100016594.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 29 December 2010 DOCKET NUMBER: AR20100016594 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his award of the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, there is insufficient evidence to award the applicant the Combat Infantryman Badge.

  • ARMY | BCMR | CY2014 | 20140019398

    Original file (20140019398.txt) Auto-classification: Approved

    His DA Form 20 shows – * advancement to specialist four on 6 July 1970 * service in Vietnam from 12 March 1970 through 12 February 1971 * Vietnam service with Company D and E, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade * conduct and efficiency ratings of "excellent" * service during two campaign periods * award of the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter...