IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010929
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 award of the Combat Infantryman Badge.
2. The applicant states he was involved in combat operations while he was in the Republic of Vietnam. He states this in itself should have qualified him for a Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 31 July 1975.
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's military personnel records show he enlisted in the Regular Army on 9 June 1959 for a period of 3 years and served continuously on active duty until he retired. He had previously served 3 years, 11 months, and
3 days of active service in the U.S. Navy.
3. On 22 January 1962, the applicant was awarded primary military occupational specialty (MOS) 43E (Parachute Rigger). On 2 August 1967, he was awarded a secondary MOS 76P (Quartermaster Supply Specialist).
4. The applicant was assigned in the Republic of Vietnam from 24 May 1967 to 20 May 1968. He was assigned to:
* Headquarters and Headquarters Company, 5th Special Forces Group from 27 May to 9 June 1967 as a quartermaster supply specialist
* Company Combat Support and Transportation, 173rd Support Battalion from 9 June 1967 to 28 March 1968 as a parachute rigger
* Company Combat Support and Supply, 173rd Support Battalion from
29 March to 18 May 1968 as a parachute rigger
5. On 31 July 1975, the applicant was released from active duty and placed on the Retired List the following day. He had completed a total of 20 years and
25 days of active service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Combat Infantryman Badge.
6. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, 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." 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 or attached to an infantry unit of brigade, regimental, or smaller size.
7. Appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era, infantry specialties for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been awarded the Combat Infantryman Badge.
2. The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
3. The applicant was not awarded an infantry MOS and he was not assigned or attached to an infantry unit of brigade, regimental, or smaller size.
4. The applicant's records show he was assigned duties in MOS 76P and MOS 43E during his assignments in the Republic of Vietnam. There is no evidence of record and the applicant has submitted no evidence that shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size while he was assigned in the Republic of Vietnam. Therefore, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge.
5. In view of the above, there is an insufficient basis on which to award the applicant 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) AR20100010929
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010929
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021895
He states: * his last military occupational specialty (MOS) was 11F4H (Infantry Operations and Intelligence Specialist) in Vietnam in 1970 * his DA Form 20 (Enlisted Qualification Badge) shows he completed the requirement for award of the Parachute Rigger Badge * these awards, to include the ARCOM for 20 years and 1 month of honorable service, were never added to his DD Form 214 3. His service record does not contain orders which show he was awarded the CIB, Parachute Rigger Badge or ARCOM....
ARMY | BCMR | CY2009 | 20090010589
The applicant requests award of the Combat Infantryman Badge, Air Medal, Parachute Rigger Badge, and any unit awards he may be entitled to. Records show the applicant was awarded the Vietnam Service Medal. 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 Vietnam Service Medal; b. awarding him the Combat Infantryman Badge and the Parachute Rigger Badge; and c. adding to item...
ARMY | BCMR | CY2011 | 20110014651
The applicant's military records show he was inducted into the Army of the United States on 21 June 1967. DISCUSSION AND CONCLUSIONS: There is no evidence in the available records to show the applicant should be awarded the CIB. Even though the applicant may have served with a special forces unit he was assigned and served as a parachute rigger in MOS 43E.
ARMY | BCMR | CY2006 | 20060002035C070205
The applicant requests, in effect, that his record be corrected to document his combat parachute jump. It states, in pertinent part, that a bronze service star is authorized with the VSM for each campaign a member is credited with participating in while serving in the RVN. The awards regulation also authorizes a bronze service star with the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.
ARMY | BCMR | CY2014 | 20140015521
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge. There are no special orders that show he was awarded the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
ARMY | BCMR | CY2010 | 20100011439
This publication shows that the 4th Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. As a result, the Board...
ARMY | BCMR | CY2013 | 20130004156
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his dates of service in Vietnam and award of both Vietnam service medals (taken to mean the Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960)). His DD Form 214 does not show his dates of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100008100
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. The evidence of record shows he completed training and he was awarded MOS 76Y. It is also noted he served in an infantry unit during his period of service in Vietnam; however,...
ARMY | BCMR | CY2008 | 20080000444
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2008 DOCKET NUMBER: AR20080000444 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. His DA Form 20 ( Enlisted Qualification Record) shows the following: a. on 23 September 1966, he was awarded MOS 11B (Light Weapons Infantryman); on 5 November 1966, MOS 93A (Food Service Apprentice); on 13 March 1967,...
ARMY | BCMR | CY2013 | 20130004274
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 21 August 1964 through 2 June 1967 and...