IN THE CASE OF:
BOARD DATE: 4 March 2010
DOCKET NUMBER: AR20090014966
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 he should have been awarded the CIB because he was injured in combat and awarded the Purple Heart. He also states, in effect, that his commander and first sergeant were unable to award him the CIB prior to their departure from the Republic of Vietnam (RVN). He concludes by stating that he traveled and fought with the infantry while he was in the RVN.
3. The applicant submitted his DD Form 214 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 was inducted into the Army of the United States on 20 June 1966. He completed the required training and was awarded military occupational specialty (MOS) 94B (Cook).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN with Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry Regiment, 25th Infantry Division, from 16 November 1966 to 18 November 1967 performing duties in MOS 94B with principal duties as a cook.
4. 36th Evacuation Hospital (Semi-mobile), General Orders Number 8, dated 7 March 1967, show that the applicant was awarded the Purple Heart for being wounded in action.
5. On 19 June 1968, the applicant was honorably separated and transferred to the U.S. Army Reserve. He had completed 2 years of active military service. The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Purple Heart and Good Conduct Medal. The DD Form 214 he was issued does not show award of the CIB.
6. 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 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence nor did the applicant submit any evidence that shows he held an infantry MOS during his assignment in the RVN. Therefore, in the absence of such evidence he is not entitled to 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) AR20090014966
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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IN THE CASE OF: BOARD DATE: 14 July 2009 DOCKET NUMBER: AR20090004438 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Although there are no orders awarding the applicant the PH, medical treatment records confirming he was treated for the wound in question is not available, and his name is not listed on the Vietnam Casualty Roster, the entry in item 40 is sufficiently corroborated by the executive officer letter provided by the applicant, which confirms the applicant was wounded during a...
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ARMY | BCMR | CY2009 | 20090016249
The applicant requests that his award of the Combat Infantryman Badge be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. 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...
ARMY | BCMR | CY2011 | 20110006338
The applicant states he served in the infantry in Vietnam in 1966. The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the period ending 31 May 1986 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge effective 15 February 1967; and c. adding to item 13 of...
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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 Purple Heart (PH) and two Bronze Star Medals (BSM) he received during his service in the Republic of Vietnam (RVN). Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board...
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The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB while serving on active duty. The evidence of record in this case, although it shows the applicant was assigned to a qualifying infantry unit, confirms he held and served in MOS 94B as a cook while serving in the RVN. His record is void of any orders or other documents showing that he was ever recommended for, or awarded...
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