IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009944
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 (Report of Transfer or Discharge) for the period ending 13 February 1970 to show award of the Combat Infantryman Badge.
2. The applicant states:
* He was in combat yet he did not receive the Combat Infantryman Badge
* He fought in Vietnam and wants to get credit for it.
3. The applicant provides:
* DD Form 214 for the period ending 13 February 1970
* Letter, dated 15 February 2008, from the National Personnel Records Center in St. Louis, Missouri
* Page 3 of his DA Form 20 (Enlisted Qualification Record)
* Email, dated 26 January 2010, from a retired colonel
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 enlisted in the Regular Army on 28 January 1969 for a period of 3 years. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). His DA Form 20 shows he arrived in Vietnam on 29 June 1969 and he served in MOS 11B assigned to Company B, 1st Battalion, 61st Infantry in Vietnam from 11 July 1969 until he was honorably discharged for immediate reenlistment on 13 February 1970.
3. The applicant's DD Form 214 for the period ending 13 February 1970 does not show the Combat Infantryman Badge as an authorized award.
4. The applicant reenlisted on 14 February 1970 for a period of 3 years. The applicant's DA Form 20 shows:
* he served in MOS 52B (generator repairman) while assigned to the 147th Light Equipment Maintenance Company in Vietnam
* he served in MOS 17K (radar crewman) while assigned to Company E, 1st Battalion, 501st Infantry; General Staff Company; and Security Guard Detachment in Vietnam
5. On 16 February 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.
6. The applicant's DD Form 214 for the period ending 16 February 1973 does not show the Combat Infantryman Badge as an authorized award.
7. There are no orders for the Combat Infantryman Badge in the available records.
8. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the Combat Infantryman Badge.
9. In support of his claim, the applicant provided an email, dated 26 January 2010, from a retired colonel. He attests the applicant was assigned to Company B, 1st Battalion, 61st Infantry during the period July 1969 to February 1970, this unit was in heavy combat along the DMZ of North/South Vietnam for a large portion of that period, and as a basic infantry Soldier the applicant was in the thick of the action. He states that although there is no doubt in his mind concerning the applicant's combat experience, his DD Form 214 does not show the Combat Infantryman Badge. He states the error can be attributed to a failure in the personnel/records staff section of the 1st Battalion, 61st Infantry due to a rocket attack on the firebase in late 1969. During this attack a number of records were destroyed.
10. 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 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:
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 available. In addition, 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. In the absence of orders for the Combat Infantryman Badge, the email provided by the applicant is not sufficient as a basis for award of the Combat Infantryman Badge. 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) AR20100009944
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009944
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017864
Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 1804, dated 4 October 19702, show the applicant received the Bronze Star Medal. 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. In addition, there is no evidence of record which shows the applicant served in active ground combat while an...
ARMY | BCMR | CY2013 | 20130005954
b. Paragraph 5 on page 2 of the ROP should show his unit as the 9th Infantry Division (ID) vice the 5th ID and the dates of his patient status listed in this paragraph should show 17 November 1969 (the date he was wounded) until his discharge in April vice 2 November 1969 through 15 December 1970. c. The previous ROP did not address award of the Combat Infantryman Badge. The evidence of record confirms that he was assigned to the 1st Battalion, 61st Infantry, during the period the unit was...
ARMY | BCMR | CY2008 | 20080016366
His military records do show that he served as a Grenadier in duty MOS 11B with Company C, 1st Battalion, 61st Infantry Regiment from 16 September 1970 to 1 January 1971, and as a Rifleman in duty MOS 11B with this same unit from 27 January 1971 to on or about 17 May 1971, but there is no evidence in the applicant's military records which conclusively shows that he was personally present and engaged in active ground combat during this period of time. The applicant served in Vietnam from 28...
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 | 20100020115
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. The evidence of record shows: a. the applicant was wounded in action in Vietnam on 23 February 1969 and general orders awarded him the Purple Heart; b. general orders awarded the applicant the Army Commendation Medal with "V" Device for heroism; c. special orders awarded the applicant the...
ARMY | BCMR | CY2009 | 20090002744
The applicants military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat...
ARMY | BCMR | CY2010 | 20100021427
Based on his service in the Republic of Vietnam the applicant is authorized the: * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the: * Purple Heart for wounds received on 6 November 1969 in the Republic of Vietnam * Combat Infantryman Badge 2. The...
ARMY | BCMR | CY2014 | 20140006711
(1) His DA Form 20 clearly shows he was trained in and held an infantry MOS. The evidence of record clearly shows he was trained in and held MOS 11B and performed in that MOS in Vietnam. None were created in Vietnam and the entries pertaining to being a medical specialist are not supported by evidence, such as formal training, award of an MOS, assignment as a medic, or an award reflecting his duties as a medic.
ARMY | BCMR | CY2009 | 20090013339
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show the Good Conduct Medal, the Bronze Star Medal, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Combat Infantryman Badge. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal...
ARMY | BCMR | CY2010 | 20100009823
Records show the applicant served in the Republic of Vietnam (RVN) during the period 9 October 1969 through 31 December 1969. Kelly) Dxxxxx as being assigned to 1st platoon, Company D. Therefore, there is sufficient evidence showing the applicant met the criteria for award of 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. awarding him the Combat Infantryman Badge; b. awarding him the...