IN THE CASE OF:
BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090019289
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 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.
2. The applicant states that during his service in Vietnam he earned and was awarded the Combat Infantryman Badge; however, his DD Form 214 does not reflect this badge. He believes it was overlooked by mistake when his records were being reviewed before he was discharged from the Army. He indicates that he has been diagnosed with cancer and it is his sincere desire to have his records reflect his service.
3. The applicant provides a copy of his DD Form 214; orders for the Bronze Star Medal; military occupational specialty (MOS) orders; a letter, dated 31 October 2009, from a Member of Congress; and a letter, dated 3 November 2009, from his physician 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's military records are not available to the Board. This case is being considered using the documents/records provided by the applicant.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 16 February 1967. Orders show he was awarded MOS 11C4O (indirect fire crewman) on 18 June 1968 while assigned to Company A, 2nd Battalion, 27th Infantry, in Vietnam. On 14 February 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.
5. There are no orders for the Combat Infantryman Badge in the available documents.
6. 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 (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:
1. The applicant contends he was awarded the Combat Infantryman Badge and it should be included on his DD Form 214.
2. The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there are no orders for the Combat Infantryman Badge. In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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) AR20090019289
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019289
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004124
Additionally, the regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met." The applicant states he should be awarded the Combat Infantryman Badge...
ARMY | BCMR | CY2008 | 20080017098
The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award. DISCUSSION AND CONCLUSIONS: Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there are no orders for the Combat Infantryman Badge. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2010 | 20100014833
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. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat...
ARMY | BCMR | CY2009 | 20090012582
The applicant states that he volunteered for assignment to the 4th Infantry Division and contends that his military records show he served in combat; however, the Combat Infantryman Badge is not shown on his DD Form 214. 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 MOS and required that they must have served in active ground combat while assigned or attached to an...
ARMY | BCMR | CY2009 | 20090001870
During the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. The evidence of record shows that the applicant held an aviation maintenance MOS and was assigned to a support and/or transportation unit during his service in the Republic of Vietnam. In the absence of evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient...
ARMY | BCMR | CY2010 | 20100017286
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. The applicant's active duty military records from 1966 to 1970 are not available for review. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
ARMY | BCMR | CY2010 | 20100011365
The applicant's records show he was inducted into the Army of the United States on 17 June 1966. 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. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned...
ARMY | BCMR | CY2008 | 20080017295
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. The applicants military records are not available to the Board. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2009 | 20090009273
Application for correction of military records (with supporting documents provided, if any). The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground 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...
ARMY | BCMR | CY2009 | 20090008363
The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to infantry companies in Vietnam; however, there are no orders for the Combat Infantryman Badge. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. _________XXX______________ 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...