IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100007232
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 the award of the Combat Infantryman Badge (CIB).
2. The applicant states he is entitled to the CIB because he was assigned as an 11B (Light Weapons Infantryman) to Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, in the Republic of Vietnam (RVN) from May 1968 through February 1969 and his unit engaged the enemy in hostile fire. He further states that during his 14-month tour of duty he was based in Pleiku and fought in the central highlands in the cities of Dakto, Kon Tum, and others. He was involved in a firefight and recovered the body of a fellow Soldier in November 1968. Finally, he states he is involved in post-traumatic stress disorder counseling.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 show he was inducted into the Army of the United States on 4 December 1967. He was trained in and awarded military occupational specialty (MOS) 11B.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from on or about 1 June 1968 to on or about 5 July 1969. His duty MOS during that period was 11B and he was assigned to the following units:
* Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division
* Headquarters, and Headquarters Company, 3rd Brigade, 4th Infantry Division
4. The applicant was honorably released from active duty on 7 July 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 4 days of creditable active service.
5. Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority.
6. 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 United States Army Human Resources Command failed to reveal orders for the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 states that there are three basic requirements for the CIB. The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. It further states that combat service alone is not a sufficient basis to support award of the CIB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the CIB was carefully considered; however, there is insufficient evidence to grant relief.
2. The evidence of record shows that during the applicant's service in the RVN, he held MOS 11B and was assigned to an infantry unit, Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division. However, there is no evidence that he served in active ground combat while assigned to this unit. In view of the available evidence, the applicant does not meet the criteria 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) AR20100007232
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100007232ARMY | BCMR | CY2013 | 20130005021
IN THE CASE OF: BOARD DATE: 31 October 2013 DOCKET NUMBER: AR20130005021 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110022568, on 15 May 2012. His ARCOM certificate and citation without corroborating evidence are not sufficient evidence to conclude that he "personally served...
ARMY | BCMR | CY2010 | 20100019082
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, Parachutist Badge, and any other awards he may be authorized. Records show that the applicant was in three different units at the time they were awarded the Meritorious Unit Commendation. The evidence clearly shows that the applicant was awarded an infantryman MOS when first assigned to infantry regiments in the RVN.
ARMY | BCMR | CY2009 | 20090014262
The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served as an infantryman in MOS 11B while assigned to Company A, 1st Battalion, 14th Infantry, and in the LRRP, 3rd Brigade, 4th Infantry Division; he actively participated in combat; and he engaged the enemy while serving in the RVN. Despite...
ARMY | BCMR | CY2010 | 20100008720
Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that 1st Battalion, 14th Infantry, 4th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order (DAGO) 53, dated 1970; and 1st Battalion, 35th Infantry, 4th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for...
ARMY | BCMR | CY2009 | 20090002258
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure: VSM with 4 bronze service stars, NDSM, RVNCM, PH, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, these awards should also be added to his records at this time. As a result, the Board recommends that all Department of the Army records of the...
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 | 20090008436
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service...
ARMY | BCMR | CY2005 | 20050004935C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 November 2005 DOCKET NUMBER: AR20050004935 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. However, in order to support award of the...
ARMY | BCMR | CY2014 | 20140014010
Application for correction of military records (with supporting documents provided, if any). The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., U.S. Army Pacific (USARPAC)) in item 22c (Foreign and/or Sea Service). As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110012677
Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 10 October 1967 to 14 May 1969; b. deleting the Vietnam Service Medal from item 24 of his DD Form 214; and c. adding to item 24 of his DD Form 214 the Combat Infantryman...