BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100010148
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 a combat award (he is probably referring to the Combat Infantryman Badge) for one of his tours in Vietnam.
2. The applicant states he used his weapon to fire at the enemy during attacks on the camps to which he was assigned in Vietnam.
3. The applicant provides no additional documents 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 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 1 June 1959 and was discharged on 31 May 1961 for immediate reenlistment.
3. The applicant reenlisted on 1 June 1961 and was discharged on 31 May 1967. He served in the Republic of Vietnam (RVN) from 6 January to
12 October 1966 during this period of service. His 31 May 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to any combat awards for service in the RVN.
4. The applicant enlisted in the Regular Army on 10 October 1967 and was discharged on 26 April 1970 for immediate reenlistment. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded military occupational specialty (MOS) 11F (infantry operations and intelligence specialist) in June 1968. He served in the RVN from 12 October 1967 to 13 October 1968. His
26 April 1970 DD Form 214 does not show entitlement to any combat awards for service in the RVN.
5. The applicant reenlisted on 27 April 1970. He continued to serve on active duty until he was retired on 31 October 1979. This DD Form 214 does not show entitlement to any combat awards for service in the RVN.
6. The applicants service record does not indicate he served in combat during his tours in the RVN.
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. It appears the applicant is requesting award of the Combat Infantryman Badge for one of his tours in the Vietnam. He contends he used his weapon to fire at the enemy during attacks in the camps he was assigned in Vietnam. However, the evidence of record does not support his claims.
2. However, to support award of the Combat Infantryman Badge, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.
3. The available evidence shows the applicant held MOS 11F during his second tour in Vietnam. However, there is insufficient evidence to show the applicant actively participated in ground combat while serving with an infantry unit in Vietnam. Therefore, there is insufficient evidence to show the applicant has met all the requirements for award of the Combat Infantryman Badge.
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) AR20100010148
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010148
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120008275
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). By regulation, in order to be awarded the CIB there must be evidence that an individual held and served in an infantry MOS.
ARMY | BCMR | CY2007 | 20070016540
There are no orders or other evidence in the applicants military service records that show he was awarded the Combat Infantryman Badge. The applicant contends, in effect, that his request for award of the Combat Infantryman Badge should be reconsidered because he held MOS 11B as his secondary MOS, served in duty MOS 11B, and also served in combat situations during his second tour in the RVN. There are no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2010 | 20100028450
There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), appendix V, states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100027684
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Evidence shows that while the applicant, an infantry Soldier, was assigned to an infantry unit as an automatic rifleman in the RVN he was wounded as a result of hostile action on 21 August 1968. 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...
ARMY | BCMR | CY2007 | 20070005320C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2007 DOCKET NUMBER: AR20070005320 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. As a result, the Board recommends that...
ARMY | BCMR | CY2009 | 20090017966
No orders in his records show he was awarded the Combat Infantryman Badge. The evidence of record shows he was awarded the Vietnam Service Medal. However, the evidence of record does not show he served in active ground combat with his cavalry unit as an infantryman on or after 1 June 1968, the effective date of his award of his 11B primary MOS.
ARMY | BCMR | CY2007 | 20070016181C080407
He states that he also served in the Republic of Vietnam (RVN) as an infantryman and was wounded, and he feels he deserves a second award of the CIB for this combat service in the RVN. The applicant's record also shows that during his RVN tour, he was awarded the Air Medal and a second award of the BSM, which were not included on his final DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2006 | 20060015058C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 May 2007 DOCKET NUMBER: AR20060015058 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's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the CIB while serving on active duty. His record is void of...
ARMY | BCMR | CY2008 | 20080006988
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) and all unit citations he is entitled to. Records show the applicant participated in two campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the two bronze service stars affixed to...
ARMY | BCMR | CY2009 | 20090015805
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 Bronze Star Medal, Combat Infantryman Badge, and the Purple Heart. The available records show the applicant was awarded the Vietnam Service Medal and he participated in three campaigns while serving in the RVN. Although the applicant contends the Purple Heart was given to him and then taken away, there is no evidence in his available military...