IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090009273
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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Combat Infantryman Badge.
2. The applicant essentially states that he was assigned to units that supported the 1st Infantry Division in Vietnam and cannot understand why the Combat Infantryman Badge was not included on his DD Form 214.
3. The applicant provides no additional evidence 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 that he enlisted in the Regular Army on 26 March 1968. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver) and was later awarded MOS 12B (Combat Engineer). He departed for the Republic of Vietnam on 9 September 1968 and served with Company D, 20th Engineer Battalion. He returned to the continental United States on 27 August 1969 and was stationed at Fort Hood, Texas, until he was honorably released from active duty on 2 April 1971. The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Vietnam Service Medal with four bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
3. 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 personnel who have an infantry MOS. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.
4. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. 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. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat." 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 MOS and required that 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 contends that his DD Form 214 should be corrected to show the award of the Combat Infantryman Badge.
2. The applicant's contention that his unit in Vietnam supported the 1st Infantry Division was noted. However, as the applicant never possessed or served in an infantry MOS and as he was never assigned or attached to an infantry unit of brigade, regimental, or smaller size, there is no basis for correcting his DD Form 214 to show the award of the Combat Infantryman Badge.
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 the United States during the Vietnam War. The applicant should be 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) AR20090009273
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090009273
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010019
Application for correction of military records (with supporting documents provided, if any). The evidence of record clearly shows that the applicant was awarded a combat engineer MOS and was assigned to an engineer battalion in the Republic of Vietnam. There is no available evidence showing that the applicant was ever awarded an infantry MOS or had served in active ground combat as an infantryman with an infantry unit of brigade, regimental, or smaller size.
ARMY | BCMR | CY2008 | 20080010793
The applicant essentially states that Army Regulation 600-8-22 (Military Awards) provides that enlisted men serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman) who served in ground combat while assigned or attached to an infantry unit are entitled to award of the Combat Infantryman Badge. In the previous ABCMR proceedings, the applicant's request for award of the Combat Infantryman Badge was denied because although he possessed an infantry MOS and was wounded in...
ARMY | BCMR | CY2012 | 20120020544
Additionally, appendix V of U.S. Army Vietnam (USARV) 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. With respect to award of the Combat Infantryman Badge, the evidence of record shows that the applicant was trained in and awarded an engineer MOS following completion of training and served in that MOS in an engineer battalion in...
ARMY | BCMR | CY2010 | 20100018267
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070012266, on 8 January 2008. c. Item 38 (Record of Assignments) shows he served in duty MOS 12A Pioneer) or 12B (Combat Engineer) during his service in Vietnam; it does not show any entries for service in an infantry duty MOS. His records do not contain orders awarding him the...
ARMY | BCMR | CY2010 | 20100013558
The applicant requests award of the Combat Infantryman Badge (CIB). There is no evidence of record which shows he was awarded an infantry MOS. ___________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 | 20100014833
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. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat...
ARMY | BCMR | CY2010 | 20100011874
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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. The evidence of record shows he completed training and he was awarded MOS 62B. Based on the available evidence, he is not entitled to award of the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090021834
There is no indication in the applicant's records that he held an infantry MOS and/or was assigned to an infantry unit during his military service. The evidence of record shows he held an engineer MOS and was assigned to a supply and/or support unit during his service in Vietnam. In the absence of evidence that he held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman...
ARMY | BCMR | CY2010 | 20100010927
Application for correction of military records (with supporting documents provided, if any). To be entitled to award of the Combat Infantryman Badge, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2013 | 20130002760
The applicant requests: a. award of the Combat Infantryman Badge (CIB) and "Wings" (correctly known as the Aircraft Crew Member Badge during the Vietnam era and currently known as the Aviation Badge); and b. the issuance of the Republic of Vietnam Campaign Medal and Vietnam Service Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. There is no evidence of record which shows he served in...