IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100009356
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 he be awarded the Combat Infantryman Badge.
2. The applicant states he served in combat with Company C, 2nd Battalion, 199th Light Infantry Brigade as an infantryman and he is entitled to the Combat Infantryman Badge.
3. The applicant provides copies of two DD Forms 214 (Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 5 June 1968. He completed the training requirements and he was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Headquarters, 199th Infantry Brigade Special Orders Number 115, dated 25 April 1969, show the applicant was discharged on 28 April 1969 for the purpose of immediate enlistment. He is shown to have been serving with Company C, 2nd Battalion, 3rd Infantry Regiment as a specialist four in MOS 11B.
4. The 28 April 1969 DD Form 214 shows he was honorably separated after he completed 10 months and 24 days of creditable active service with 22 days of service in Vietnam. He was awarded the National Defense Service Medal and the Vietnam Service Medal.
5. On 29 April 1969, he enlisted and he served until he was honorably released 16 December 1971 and transferred to the U.S. Army Reserve on in pay grade E-5. Additionally, this DD Form 214 shows the following information:
a. He had completed 3 years, 6 months, and 12 days of total active service with 11 months and 19 days of service in Vietnam;
b. His MOS is shown as MOS 92B (Medical Laboratory Specialist); and
c. He was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, Army Commendation Medal, and the Good Conduct Medal.
6. His DA Form 20 (Enlisted Qualification Record) provides the following information:
a. promotion to specialist five (SP5) E-5 effective 13 October 1969;
b. award of MOS 11B effective 25 October 1968 and 92B (Medical Laboratory Specialist) effective 7 October 1969;
c. service in Vietnam from 7 April 1969 through 27 March 1970;
d. assignment in Vietnam as a Medical Laboratory Specialist with the 6th Convalescent Center from 2 May 1969 through 28 March 1970;
e. service during three campaign periods; and
f. award of National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rife Bar.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served in combat with Company C, 2nd Battalion, 199th Light Infantry Brigade as an infantryman and is entitled to the Combat Infantryman Badge.
2. The available record documents slightly contradictory information as to which unit the applicant served with in Vietnam and for how long.
3. The applicant has not provided any evidence and the available record does not contain any evidence that shows he served in active ground combat as an infantryman assigned or attached to an infantry unit of brigade, regimental or smaller size.
4. Without verification of active ground combat as an infantryman, award of the Combat Infantryman Badge is not warranted.
5. 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. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20100009356
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009356
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2008 | 20080003992
This document shows that, at the time of the applicant's assignment to the 7th Support Battalion, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 by Department of the Army General Orders (DAGO) Number 50, dated 1971. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...
ARMY | BCMR | CY2009 | 20090013653
Special Orders Number 162, dated 10 June 1968: Awarded the applicant, as a specialist four, the Combat Infantryman Badge. Army Regulation 15-185 (Army Board for Correction of Military Records(ABCMR)) provides, in pertinent part, that the ABCMR will decide cases on the evidence of record. The evidence of record shows that the applicant did not hold an infantry MOS which is a requirement for award of the Combat Infantryman Badge.
ARMY | BCMR | CY2006 | 20060001091C070205
The applicant adds that he was also awarded the Army Commendation Medal while serving in an infantry unit in Vietnam from February 1969 to July 1969. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit. As a result, the Board...
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 | CY2010 | 20100030520
It states that in order to qualify for the Combat Infantryman Badge, a member must meet the following three requirements: be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. The applicant did not have any evidence of derogatory information in his military record or disqualification from a unit commander that would have precluded him from...
ARMY | BCMR | CY2013 | 20130003253
A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Combat Infantryman Badge. There are no orders that show the applicant was awarded the Combat Infantryman Badge. 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 Form 214 the "VSM w/ Bz Svc Star"; and b. adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st...
ARMY | BCMR | CY2014 | 20140011415
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Combat Infantryman Badge and the Air Medal. There are no orders in the applicants military personnel records that show he was awarded the Combat Infantryman Badge or the Air Medal. Therefore, there is insufficient evidence to award him the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2013 | 20130017796
The applicant states he served with Company D, 4th Battalion, 12th Infantry Regiment, and they were awarded the Presidential Unit Citation for actions during the period 5 to 10 May 1968 while he was assigned to the company. Based on his service with Company D, 4th Battalion, 12th Infantry Regiment, he is authorized the following awards: * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor...
ARMY | BCMR | CY2005 | 20050003460C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 November 2005 DOCKET NUMBER: AR20050003460 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. The applicant requests correction of his records to show award of the Bronze Star Medal and the Combat Infantryman Badge. The record further shows that based on his RVN service and campaign participation, the...