Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012532
Original file (20090012532.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012532 


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 (CIB).  

2.  The applicant states that his commanding officer promised him the CIB when he was being discharged from Vietnam.

3.  The applicant provides no additional documents in support of his 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 enlisted in the Regular Army (RA) on 30 April 1960.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 111.10 (light weapons infantryman).  He was released from active duty on 2 May 1963 and was transferred to the U.S. Army Reserve Control Group (Reinforcement) on the following day.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 May 1963 does not show entitlement to the CIB.  

3.  The applicant enlisted in the RA again on 17 June 1963.  He completed training as a general supply specialist and was awarded MOS 76K. 

4.  Headquarters, 1st Missile Battalion, 62nd Artillery Special Orders Number 209, dated 23 November 1965, show the applicant was awarded MOS 76D (Ordnance Supply and Parts Specialist) and MOS 76K was withdrawn as his primary MOS

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 December 1965 through 11 June 1966 with Company B, 701st Maintenance Battalion as an ordnance supply and parts specialist in 
MOS 76D.  

6.  His DA Form 20 does not list the CIB in item 41 (Awards and Decorations).  There are no orders in the applicant's personnel records which show he was awarded the CIB.

7.  The applicant was released from active duty on 11 June 1966.  His DD Form 214 ending this period does not show entitlement to the CIB.

8.  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 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 contends that his commanding officer promised him the CIB when he was being discharged from Vietnam.  However, there is insufficient evidence which substantiates his claim. 

2.  To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.  
3.  The available evidence shows the applicant served in MOS 76D as an ordnance supply and parts specialist while assigned to Company B, 701st Maintenance Battalion during his tour in Vietnam.  Therefore, the applicant has not met the requirements for award of the CIB.

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)                                         AR20090012532



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012532



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100007537

    Original file (20100007537.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Purple Heart (PH), Combat Infantryman Badge (CIB), and unspecified unit decorations for his service in Vietnam. Regarding the PH, the applicant's records do not show and he has not provided evidence that he was wounded in action by the enemy, that his wound required medical treatment, and that the medical treatment was recorded in official records.

  • ARMY | BCMR | CY2014 | 20140016522

    Original file (20140016522.txt) Auto-classification: Denied

    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 Combat Infantryman Badge (CIB). However, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active service. _______ _ _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 | CY2004 | 20040001556C070208

    Original file (20040001556C070208.doc) Auto-classification: Denied

    The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect a combat [infantry] MOS (military occupational specialty) and that he be awarded the Combat Infantryman Badge (CIB). Consequently, his request to correct his specialty on DD Form 214 and to award him the Combat Infantryman Badge cannot be granted. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board.

  • ARMY | BCMR | CY2009 | 20090020331

    Original file (20090020331.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 (CIB). Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS...

  • ARMY | BCMR | CY2011 | 20110017401

    Original file (20110017401.txt) Auto-classification: Denied

    The applicant states: a. through research at the Fort Bragg, North Carolina library, he found pictures and dates of the combat he participated in; b. a lieutenant colonel (LTC) with whom he served with in Vietnam, told him he authorized the award of the CIB to Soldiers who were not assigned to infantry units and that the PH was awarded to many fellow officers and noncommissioned officers who never participated in combat; c. the rules as stated in this Board's original record of proceedings...

  • ARMY | BCMR | CY2008 | 20080005557

    Original file (20080005557.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge (CIB). No CIB orders are filed in the applicant’s records. The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.

  • ARMY | BCMR | CY2011 | 20110004507

    Original file (20110004507.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 shows award of the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the CIB. Therefore, he is entitled to the 1st award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award. As a result, the Board...

  • ARMY | BCMR | CY2008 | 20080008064

    Original file (20080008064.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 29 July 2008 DOCKET NUMBER: AR20080008064 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There also is no evidence in his service personnel records that show that he was awarded an infantry MOS. The evidence of record shows that while serving in Vietnam the applicant’s primary MOS was 76Y, supply.

  • ARMY | BCMR | CY2012 | 20120001476

    Original file (20120001476.txt) Auto-classification: Denied

    His DD Form 214 shows multiple awards but does not show award of the CIB. However, the evidence of record shows he held a logistics MOS and served with his cavalry unit as a supply specialist/sergeant. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS, was assigned or attached to an infantry unit of brigade, regimental, or smaller size, and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which...

  • ARMY | BCMR | CY2009 | 20090016437

    Original file (20090016437.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 40 (Wounds) of the DA Form 20 is blank, and the PH is not included in the list of earned awards in item 41 (Awards and Decorations). The applicant's record is void of orders or other documents showing he was reclassified into MOS 11C.