IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090011806
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 award of the Combat Infantryman Badge.
2. The applicant states that he served with the 11th Aviation Battalion and that he was also on temporary duty with the 1st Infantry Division for 6 to 8 months. He states that he was in combat on several occasions.
3. The applicant provides 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 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 into the Army of the United States on
19 August 1966. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 27 January 1967 and he was assigned to Headquarters and Headquarters Detachment, 11th Aviation Battalion. He was attached to Headquarters Battery, 1st Infantry Division (Artillery) on 14 January 1968.
3. The applicant returned to the Continental United States on 19 February 1968.
4. On 16 August 1968, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve Control Group (Annual Training) St. Louis, MO to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, and two Overseas Service Bars.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should have been awarded the Combat Infantryman Badge.
2. His contentions have been considered. However, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he met the criteria for award of the Combat Infantryman Badge.
3. While his records show that he held an infantryman MOS, the available evidence does not show that he engaged in active ground combat while he was in Vietnam or that he was assigned or attached to an infantry unit. He was attached to an artillery unit. Therefore, he does not meet the criteria contained in the applicable regulation for award of the Combat Infantryman Badge.
4. In order to justify correction of a military record the applicant must show 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.
5. 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) AR20090011806
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090011806
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060002454C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 September 2006 DOCKET NUMBER: AR20060002454 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. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140020495
A review of the applicant's military personnel records shows Headquarters, 1st Aviation Brigade, General Orders (GO) Number 1650, dated 25 March 1968, and GO Number 7444, dated 7 November 1968, announced award of the AM to the applicant for meritorious achievement from 12 October 1967 to 29 February 1968. Therefore, it is concluded that he is entitled to correction of his records to show one award of the AM; b. GOs awarded the applicant the Soldier's Medal for heroism; c. the applicant...
ARMY | BCMR | CY2011 | 20110013900
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 AR20100026184, on 4 May 2011. The applicant's records show he held an artillery MOS and served with Artillery units in Vietnam. There is no evidence in the available records that show he met any of the three qualifying conditions for award of the Combat Infantryman Badge.
ARMY | DRB | CY2005 | 20050009032
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was awarded: the National Defense Service Medal; the Vietnam Service Medal; the Vietnam Campaign Medal; the Combat Infantryman Badge; and the Parachutist Badge. Based on this excellent record of service, he is eligible for award of the Good Conduct Medal for the period 7 June 1965 through 5 April 1968 and to have it added to his DD Form 214. As a result,...
ARMY | BCMR | CY2014 | 20140015096
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal (BSM) with 1 Oak Leaf Cluster (1OLC) and that he be awarded the Combat Infantryman Badge (CIB). The applicant states that his award of the BSM 1OLC is not reflected on his DD Form 214 and he was not awarded the CIB for the time he was attached to the 4th Battalion, 3rd Infantry. However, his records do not contain orders...
ARMY | BCMR | CY2012 | 20120004828
The applicant requests correction of his records to show award of the Combat Infantryman Badge and the Bronze Star Medal with "V" Device. The applicant contends that his records should be correct to show award of the Combat Infantryman Badge and Bronze Star Medal with "V" Device because he performed duties as an infantryman while serving in Vietnam and his former battalion commander recommends him for award of the Bronze Star Medal with "V" Device. d. There are no orders or other evidence...
ARMY | BCMR | CY2001 | 2001058705C070421
The applicant requests, in effect, that his military records be corrected to show award of the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB). He contends that he was awarded the ARCOM and CIB for service to the United States and it would only be just to show this correction in his military records. Therefore, the Board is sufficiently convinced that the applicant was awarded the ARCOM for meritorious achievement during his assignment with the 11 th Artillery and is...
ARMY | BCMR | CY2006 | 20060007612C070205
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 Purple Heart. There are no general orders in the available records which show the applicant was awarded the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2006 | 20060007708C070205
There are no orders in the applicant’s military service record that show he was awarded the Combat Infantryman Badge. The applicant's military service records contain a copy of Headquarters, 9th Infantry Division (Vietnam), General Orders Number 3796, dated 27 May 1968, which show, in pertinent part, that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 17 February...
ARMY | BCMR | CY2009 | 20090011576
Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty service he earned the National Defense Service Medal (NDSM), RVN Campaign Medal, Vietnam Service Medal (VSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Combat service alone did not support award of the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM for his...