IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090012685
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, in effect, that he served in combat with the 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, while on active duty in the Republic of Vietnam and that he deserves the CIB for what he did in Vietnam as an infantryman.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a partial extract of his Department of Veterans Affairs Rating Decision in support of his request.
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 applicants records show that he was inducted into the Army of the United States and he entered active duty on 21 April 1967. After completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). In February 1968 he was assigned to Company A, 1st Battalion, 6th Infantry in Vietnam. The applicants records show that he was retrained and he was awarded MOS 94A (Cook) on 23 December 1968.
3. On 1 February 1969 the applicant was released from active duty as an overseas returnee. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) of his DD Form 214 does not reflect entitlement to the Combat Infantryman Badge and his Official Military Personnel File (OMPF) does not contain any documents showing the applicant was ever awarded the Combat Infantryman Badge. His award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal on his DD Form 214 confirms his service in Vietnam.
4. 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 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 U.S. Army Vietnam Regulation 672-1 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge based on his combat service in Republic of Vietnam.
2. Although the applicant held an infantry MOS and he served in an infantry unit while stationed in the Republic of Vietnam, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for awarding him the Combat Infantryman Badge or correcting his records to show this award.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090012685
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012685
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004176
There is no evidence in the applicant's records which shows he was awarded or recommended for the CIB. 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 military occupational specialty (MOS) and required that they must have served in active ground...
ARMY | BCMR | CY2010 | 20100023880
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and Air Medal (AM) (6th Award) and with "V" Device. The available evidence of record fails to show the applicant was awarded the CIB. Although the applicant's DD Form 214 shows the AM (5th OLC), there is no evidence of record and he has provided none to show he was awarded the AM (6th Award) and with "V" Device.
ARMY | BCMR | CY2012 | 20120001565
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the CIB for the period 9 March 1970 through 1 February 1971; and b. adding the CIB to his DD Form 214 for the period ending 11 March 1975. ABCMR Record of Proceedings (cont) AR20120001565 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...
ARMY | BCMR | CY2013 | 20130021842
The applicant requests, in effect, award of the Purple Heart (PH) and Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. The applicant contends that he should be awarded the PH and CIB for his service in Vietnam and his DD Form 214 should be corrected to show these awards. The evidence of record clearly shows the applicant was assigned as an infantryman with an infantry company.
ARMY | BCMR | CY2009 | 20090013736
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Combat Infantryman Badge (CIB), the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. With respect to the CIB, the evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit in the Republic of Vietnam. The...
ARMY | BCMR | CY2011 | 20110020860
General Orders awarded the applicant the ARCOM for: meritorious service in support of United States objectives in the Republic of Vietnam during the period October 1966 to August 1967 while serving as a member of Headquarters and Service Battery, 6th Battalion, 29th Artillery, 4th Infantry Division. The applicant claims he should be awarded the CIB because he was an RTO in an infantry unit and was present when the unit engaged in active ground combat. As a result, the Board recommends that...
ARMY | BCMR | CY2006 | 20060002514C070205
It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. In this case, the evidence of record confirms the applicant was serving in an infantry MOS, in a qualifying infantry unit, during his tour in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge and Army Good Conduct Medal; by adding the Purple Heart to his record and...
ARMY | BCMR | CY2009 | 20090017094
The applicant requests award of the Combat Infantryman Badge (CIB). The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as documentary evidence in support of his application. The applicant's record shows he enlisted in the Regular Army and entered active duty on 5 April 1968.
ARMY | BCMR | CY2009 | 20090009150
Records show the applicant served in the Republic of Vietnam from 3 November 1968 to 24 January 1969. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 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. Therefore, he is entitled to correction of his records to show these two unit awards.
ARMY | BCMR | CY2009 | 20090017732
Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry and warrant officers and enlisted personnel who have an infantry MOS. However, there is no evidence in the available records showing he was an active participant in ground combat while assigned to an infantry unit. In the absence of evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB...