IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018952
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 that his records be corrected to show award of the Combat Infantryman Badge (CIB).
2. The applicant states the CIB was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214 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 on 10 August 1965. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 12B (pioneer).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 22 January 1966 through 21 January 1967 with Company A, 588th Engineer Battalion (Combat), in duty MOS 12A as a pioneer and MOS 12B as a combat engineer.
4. The applicant's DA Form 20 does not list the CIB in item 41 (Awards and Decorations).
5. The applicant's service personnel records do not contain orders which show he was awarded the CIB.
6. The applicant was released from active duty on 29 August 1968.
7. His DD Form 214 does not show entitlement to the CIB.
8. Army Regulation 600-8-22 (Military Awards) states 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) states 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 the CIB was omitted from his DD Form 214.
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 evidence of record shows the applicant served as a pioneer in MOS 12A and combat engineer in MOS 12B while assigned to Company A, 588th Engineer Battalion (Combat), during his tour in Vietnam.
4. Therefore, the applicant did not meet 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) AR20090018952
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090018952
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011077
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * add award of the Purple Heart (PH) and CIB * replace the entry "Pioneer" in item 25 (Education and Training Completed) with the entry "Combat Engineer" * change the title of his military occupational specialty (MOS) in item 23a (Specialty Number and Title) to read "Combat Engineer" vice "Demolition...
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 | 20100007422
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM). The applicant's contentions that he should be awarded the CIB and his DD Form 214 should be corrected to show award of the ARCOM were carefully considered and determined to have partial merit. There is no evidence showing that he was ever awarded or recommended for award...
ARMY | BCMR | CY2011 | 20110017984
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, his military service records do not contain any orders awarding him the CIB. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of...
ARMY | BCMR | CY2011 | 20110024072
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB) and three bronze service stars for wear on his Vietnam Service Medal. After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 19 April 1968 through 16 April 1971. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100030214
The applicant requests award of the Combat Infantryman Badge (CIB). It also shows secondary MOS 12E (Atomic Demolition Munitions Specialist) and 62B (Construction Equipment Repairer) * item 31 (Foreign Service) service in Vietnam from 2 June 1969 through 24 November 1970 * item 38 (Record of Assignments) he served in duty MOS 12A and 12B during his service in Vietnam * item 38 with the exception of assignments to training units, he served in engineer battalions throughout his service 4. ...
ARMY | BCMR | CY2009 | 20090016410
His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 19 September 1967 through 28 November 1968. As a result, the evidence does not support award of the PH. The applicant and all others concerned should know this action related to award of the PH and CIB in no way diminishes the sacrifices made by the applicant in service to our Nation.
ARMY | BCMR | CY2010 | 20100014678
Further, he states he was promoted to sergeant and would like to receive a combat badge for his records. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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. There is no available evidence in his records showing he had held an infantry MOS and/or had been assigned to an infantry unit that was actively engaged...
ARMY | BCMR | CY2007 | 20070006472C071029
During its original review of the case, the Board concluded there was insufficient evidence to support awarding the CIB to the applicant. Item 41 (Awards and Decorations) does not include the CIB. The evidence of record confirms that although the applicant was initially trained in and awarded an infantry MOS, during his RVN tour he was assigned to an engineer unit and served in an engineer MOS, as evidence by entries in Item 38 of his DA Form 20.
ARMY | BCMR | CY2007 | 20070012635C080407
Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to Company C, 4th Engineer Battalion, performing duties in MOS 12B as a combat engineer. Item 41 (Awards and Decorations) does not include the CIB in the list of awards it contains. 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.