IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010927
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, in effect, award of the Combat Infantryman Badge.
2. He states, in effect, he should have been awarded the Combat Infantryman Badge for his duty in Vietnam as a demolitions specialist attached to the
1st Cavalry, 101st Airborne. He was responsible for searching and sweeping the roads for mines, grenades, snipers, booby traps, and detonating mines. He was on the front line, carried a weapon and explosives, and used both. He did not know the significance or understand the importance of military ribbons or medals until he joined the Disabled American Veterans.
3. He provides no additional documentation 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 applicants military records show he was inducted into the Army of the United States on 2 April 1968. He completed training and he was awarded military occupational specialty (MOS) 12B (demolitions specialist). He served in Vietnam from 1 September 1968 through 23 August 1969. He was assigned to Company D, 14th Engineer Battalion.
3. He was honorably released from active duty in pay grade E-4 on 23 March 1970, for early separation, and transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) does not list the Combat Infantryman Badge. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
5. There is no evidence in his records that shows he held an infantry MOS or was assigned to an infantry unit or participated in ground combat during his period of service in Vietnam. There are no orders in his records awarding him the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) specifies 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 (USARV) Regulation 672-1 (Awards and Decorations) 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.
7. USARV Regulation 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.
DISCUSSION AND CONCLUSIONS:
1. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an individual 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.
2. The evidence of record shows he completed training and he was awarded MOS 12B and served in that MOS during his period of service in Vietnam. There is no evidence of record and he did not provide any evidence that confirms he served in an infantry MOS and he participated in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during his period of service in Vietnam. Therefore, he is not entitled to 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) AR20100010927
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010927
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013558
The applicant requests award of the Combat Infantryman Badge (CIB). There is no evidence of record which shows he was awarded an infantry MOS. ___________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.
ARMY | BCMR | CY2008 | 20080010793
The applicant essentially states that Army Regulation 600-8-22 (Military Awards) provides that enlisted men serving in military occupational specialty (MOS) 11B (Light Weapons Infantryman) who served in ground combat while assigned or attached to an infantry unit are entitled to award of the Combat Infantryman Badge. In the previous ABCMR proceedings, the applicant's request for award of the Combat Infantryman Badge was denied because although he possessed an infantry MOS and was wounded in...
ARMY | BCMR | CY2010 | 20100007538
In the original proceedings, the Board determined that while the applicant did hold a qualifying MOS and was assigned to an infantry unit of brigade, regimental, or smaller size, the available evidence was insufficient to establish that the applicant had served in active ground combat. The author states that he received the Combat Infantryman Badge and believes the applicant should also receive this badge because he did everything that was asked of him. The applicant contends that his...
ARMY | BCMR | CY2007 | 20070012635C080407
Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to Company C, 4th Engineer Battalion, performing duties in MOS 12B as a combat engineer. Item 41 (Awards and Decorations) does not include the CIB in the list of awards it contains. 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.
ARMY | BCMR | CY2010 | 20100030214
The applicant requests award of the Combat Infantryman Badge (CIB). It also shows secondary MOS 12E (Atomic Demolition Munitions Specialist) and 62B (Construction Equipment Repairer) * item 31 (Foreign Service) service in Vietnam from 2 June 1969 through 24 November 1970 * item 38 (Record of Assignments) he served in duty MOS 12A and 12B during his service in Vietnam * item 38 with the exception of assignments to training units, he served in engineer battalions throughout his service 4. ...
ARMY | BCMR | CY2010 | 20100014833
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. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat...
ARMY | BCMR | CY2010 | 20100014678
Further, he states he was promoted to sergeant and would like to receive a combat badge for his records. 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. There is no available evidence in his records showing he had held an infantry MOS and/or had been assigned to an infantry unit that was actively engaged...
ARMY | BCMR | CY2013 | 20130011440
A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). The evidence of record shows the applicant performed duty in MOS 12B and he was assigned to the 26th Engineer Battalion while serving in the RVN. 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...
ARMY | BCMR | CY2010 | 20100013226
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 AR20090013339, on 2 February 2010. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned...
ARMY | BCMR | CY2008 | 20080007239
There are no general orders in the applicant's records that show he was awarded the Combat Infantryman Badge or the Combat Medical Badge. However, USARV Regulation 672-1 did provide detailed guidance on award of the Combat Infantryman Badge which is awarded to infantry personnel based essentially the same criteria for award of the Combat Medical Badge to medical aid personnel assigned to infantry units. The evidence of record shows that the applicant was awarded a medical MOS following...