Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100011852
Original file (20100011852.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011852 


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 (CIB).

2.  The applicant provides no additional documents in support of his application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel states, "[Veteran] served infantry in Vietnam and was engaged…The veteran is entitled to this award."

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 applicant's 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 applicant's 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 11 February 1966.  He completed infantry training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).

3.  He served in Vietnam from 9 November 1966 to 21 November 1967 with Company D, 58th Infantry, and performed duties in duty MOS 11B (light weapons infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) does not list the CIB in item 41 (Awards and Decorations).  His personnel records do not contain orders which show he was awarded the CIB.

5.  The applicant was released from active duty on 22 November 1967.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to the CIB.

6.  Army Regulation 600-8-22 (Military Awards) states the CIB 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) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed infantry training and was awarded MOS 11C.  He performed duties in MOS 11B with Company D, 58th Infantry, during his tour of duty in Vietnam.

2.  Army Regulation 600-8-22 governing award of the CIB requires service in an infantry duty position in an infantry unit engaged in active ground combat with the enemy.  The applicant's service record does not contain sufficient evidence that shows he was engaged in actual ground combat while assigned to an infantry unit in Vietnam.

3.  Therefore, the applicant has not met all of the requirements for award of the CIB.



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)                                         AR20100011852



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011852



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100024792

    Original file (20100024792.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Regrettably, there is insufficient evidence on which to base award of the CIB in this case. _______ _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 | CY2011 | 20110020410

    Original file (20110020410.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests that he be awarded the Combat Infantryman Badge (CIB). The evidence shows he was awarded an infantry MOS and served with infantry units while in Vietnam.

  • ARMY | BCMR | CY2008 | 20080013045

    Original file (20080013045.txt) Auto-classification: Approved

    The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his unit’s morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...

  • ARMY | BCMR | CY2010 | 20100007845

    Original file (20100007845.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: * Supplemental letter * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Roster of Soldiers assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Recon Platoon in Vietnam * Letter of support * Reassignment Orders, dated 22 March 1967 * Page 1 of DA Form 20...

  • ARMY | BCMR | CY2008 | 20080015687

    Original file (20080015687.txt) Auto-classification: Denied

    Item 41 (Awards and Decorations) of this same document had an entry which showed that he was awarded the CIB, but this entry, which did not contain an authority for awarding the CIB, was also struck through. There is no evidence that he performed duties in MOS 11 on his DA Form 20. Further, although he provides pictures from his service in the RVN, these pictures do not conclusively show that he was performing infantryman duties or that he was actively engaged in combat against the enemy.

  • ARMY | BCMR | CY2012 | 20120007790

    Original file (20120007790.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). However, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active duty service. Notwithstanding his sincerity and the apparent issuance of the CIB (1st Award) to him by TACOM, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground...

  • ARMY | BCMR | CY2010 | 20100007742

    Original file (20100007742.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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. The evidence of record shows the applicant completed infantry training and was awarded MOS 11B.

  • ARMY | BCMR | CY2009 | 20090003838

    Original file (20090003838.txt) Auto-classification: Denied

    There are no orders in the applicant's personnel records which show he was awarded the CIB. The available evidence shows the applicant served in an infantry MOS while assigned to Company A, 1st Battalion, 5th Cavalry during his tour in Vietnam from 12 May 1966 through 12 May 1967. However, therefore, there is insufficient evidence to show the applicant actively participated in ground combat while serving with this unit.

  • ARMY | BCMR | CY2009 | 20090018056

    Original file (20090018056.txt) Auto-classification: Denied

    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, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states 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. The evidence of record does not show the applicant actively participated in ground...

  • ARMY | BCMR | CY2014 | 20140007545

    Original file (20140007545.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 14 April 2015 DOCKET NUMBER: AR20140007545 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) after completion of advanced individual training (AIT) as noted on his DA Form 20 (Enlisted Qualification Record). Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Fort Benning, GA, for basic combat training from on or about 25 January 1966 to 1 April 1966.