IN THE CASE OF:
BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100008326
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 the CIB is not shown on his DD Form 214.
3. The applicant provides a copy of a letter, dated 1 February 2010, from the National Personnel Records Center.
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 records show he was inducted into the Army of the United States on 25 July 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons infantryman).
3. His records show he served in Vietnam from on or about 19 December 1968 to on or about 18 December 1969. He was assigned as follows:
* Company B, 299th Engineer Battalion, from on or about 9 January 1969 to on or about 12 February 1969
* Company B, 3rd Battalion, 12th Infantry, from on or about 14 May 1969 to on or about 28 October 1969
* Headquarters and Headquarters Company, 124th Signal Battalion, from on or about 28 October 1969 to on or about 17 December 1969
4. He was honorably released from active duty on 14 August 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB. There are no orders in his records that show he was awarded the CIB.
7. 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 for him.
8. 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 conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100008326
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100008326
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009062
The applicant requests award of the Combat Infantryman Badge (CIB). The applicant states he meets the criteria to be awarded the CIB based on his infantry military occupational skill (MOS) and his service in an infantry unit in the Republic of Vietnam between 24 October 1968 and 23 October 1969. His infantry MOS and assignment to an infantry unit while serving in the Republic of Vietnam are not in question; however, there is no evidence, and he did not submit evidence, which shows he was...
ARMY | BCMR | CY2009 | 20090000272
The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Vietnam Combat Certificate from the 173rd Airborne Brigade, in support of his application. There are no orders in the applicant's personnel records which show he was awarded the CIB. The evidence of record shows the applicant was awarded MOS 11B and served as a rifleman with Company A, 1st Battalion, 50th Infantry, 173rd Airborne Brigade for less than 2 months during...
ARMY | BCMR | CY2008 | 20080007618
The applicant's records contain no orders awarding him the CIB. This document shows the units to which the applicant was assigned were cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Vietnam Gallantry Cross with Palm Unit Citation...
ARMY | BCMR | CY2014 | 20140016544
He also provided 12 photographs taken with fellow Soldiers during his period of service in the Republic of Vietnam, and several letters home that discuss personal issues and his military duties. He was awarded an infantry MOS and he served with an infantry unit during his initial period of service in the Republic of Vietnam; however, the available evidence does not sufficiently corroborate his engagement with the enemy in active ground combat while assigned to an infantry unit. ...
ARMY | BCMR | CY2010 | 20100019916
The applicant requests award of the Combat Infantryman Badge (CIB). The applicant states he served in Vietnam as an infantryman and was never awarded the CIB. Absent this evidence, there is insufficient evidence upon which to award the CIB in this case.
ARMY | BCMR | CY2010 | 20100017262
Application for correction of military records (with supporting documents provided, if any). 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). His infantry MOS and assignment to an infantry unit are not in question; however, there is no evidence in the available records, and the submitted evidence is insufficient, to show his participation in active ground combat...
ARMY | BCMR | CY2010 | 20100016811
Application for correction of military records (with supporting documents provided, if any). Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by Department of the Army General Orders 42 dated 1972; and b. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD...
ARMY | BCMR | CY2010 | 20100000859
The applicant provides copies of the following documents: * listing of 9th Infantry Division Soldiers killed in action (KIA) by unit * listing of the 3rd Battalion, 39th Infantry, Honor Roll * internet printout of the 3rd Battalion, 39th Infantry, operations in Vietnam * by-name listing of Company A, 3rd Battalion, 39th Infantry's KIA Soldiers and their listing on the Vietnam Veterans Memorial * several photographs of Soldiers of the 1st Platoon, Company A, 3rd Battalion, 39th Infantry *...
ARMY | BCMR | CY2011 | 20110020927
The applicant contends he should be awarded the CIB and his DD Form 214 should be corrected to show this award and the Purple Heart. The evidence of record shows he was assigned to 2 different infantry units during his service in the Republic of Vietnam. Awarding him the Army Good Conduct Medal (1st Award), for the period 14 May 1969 through 22 March 1971; and c. Amending item 24 of his DD Form 214 by deleting the "Vietnam Service Medal" and adding the: * Combat Infantryman Badge * Purple...
ARMY | BCMR | CY2011 | 20110018341
The applicant's military record shows he was inducted into the Army of the United States on 10 April 1968. There is no evidence of record and he did not provide any evidence that he served in ground combat and was awarded the CIB while serving in Vietnam. ____________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.