IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090020512
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 (CIB).
2. The applicant states that he was awarded the CIB during his service with 3rd Battalion, 12th Infantry, 4th Infantry Division, from December 1967 to December 1968; however, his DD Form 214 does not show this award.
3. The applicant provides a copy of his DD Form 214 for the period ending
11 July 1969.
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 for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 14 July 1967. This form also shows at the time of his release from active duty, he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
4. His DD Form 214 also shows he completed 1 year, 11 months, and 28 days of creditable active service, of which 11 months and 23 days was foreign service within the U.S. Army Pacific Command.
5. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 11 July 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7. No orders in his reconstructed records show he was awarded the CIB.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides 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 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's infantry MOS and/or his service in Vietnam are not in question. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was an active participant in ground combat while assigned to an infantry unit.
2. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to show award of the CIB 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) AR20090020512
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020512
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090014043
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). There are no orders in the applicant's reconstructed records that show he was awarded the CIB. In the absence of evidence that the applicant held an infantry MOS and was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman...
ARMY | BCMR | CY2007 | 20070006891C071113
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.
ARMY | BCMR | CY2011 | 20110011648
There are no orders for the CIB or a second award of the Air Medal in the available records. Although evidence shows he was an infantryman in Vietnam, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Since there are no orders for a second award of the Air Medal in the available records, there is insufficient evidence on which to add a second award of the Air Medal to his DD Form...
ARMY | BCMR | CY2010 | 20100011854
The evidence of record shows he held an infantry specialty and was assigned to an infantry unit in Vietnam and was awarded the Purple Heart. The evidence of record shows the applicant was awarded the Vietnam Service Medal. 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 * Adding to his DD Form 214 the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2010 | 20100017106
There are no orders in his records that show he was awarded the CIB. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was assigned to an infantry unit or that he was an active participant in ground combat while assigned to an infantry unit. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any...
ARMY | BCMR | CY2005 | 20050007404C070206
Richard G. Sayre | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, award of the Combat Infantryman Badge (CIB). However, as confirmed by the HRC Awards Branch, during the Vietnam era, award of the CIB was only authorized for enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
ARMY | BCMR | CY2009 | 20090014005
There are no orders in the applicant's records that show he was awarded the CIB. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
ARMY | BCMR | CY2008 | 20080013483
By regulation, in order to qualify for the CIB, in addition to being an infantryman performing infantry duties, and being assigned to an infantry unit when the unit is engaged in active ground combat, the applicant must also show that he was actively participating in ground combat. The evidence in the applicant's official record shows he held MOS 11D and performed duties as a rifleman for his entire period of service in the RVN while assigned to an infantry unit. Given the above, and in...
ARMY | BCMR | CY2010 | 20100000966
The applicant states: * these awards do not appear on his DD Form 214 * his orders for the Bronze Star Medal is proof of eligibility for the CIB as it states he was involved in "ground operations against a hostile force" * his military occupational specialty (MOS) 11C (infantry indirect fire crewman) is also evidence of combat for award of the Purple Heart * he sustained an injury in June 1970 3. The applicant provides: * Orders for the Bronze Star Medal * Letter, dated 30 July 2008, from...
ARMY | BCMR | CY2008 | 20080004859
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. In the absence of evidence that he was an infantryman actively participating in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB 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 this case.