IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013558
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 states:
* he feels he deserves the CIB
* he was a combat engineer
* he went out with the 4th, 9th, 22nd, and 25th Infantry units
* his job was mine sweeping and demolition work
* they were in many firefights and ground assaults in Vietnam
3. The applicant provides a copy of his:
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* award certificate for the Purple Heart for wounds received in action on 23 March 1968
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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 was inducted into the Army of the United States on 25 July 1967. He was awarded military occupational specialty (MOS) 12A (pioneer) and later MOS 12B (combat engineer). He served in MOS 12A and 12B while assigned to Company D, 65th Engineer Battalion in Vietnam. On 3 June 1969, he was released from active duty and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation. He was honorably discharged from the USAR on 1 July 1973.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the CIB as an authorized award.
4. There are no orders for the CIB in the available records.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of 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) 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam. This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, the CIB is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the CIB was authorized for award to infantry officers, enlisted personnel, and to warrant officers who had an infantry
specialty/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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, evidence of record shows he served as a pioneer and combat engineer assigned to an engineer battalion during his assignment in Vietnam.
2. There are no orders for the CIB. There is no evidence of record which shows he was awarded an infantry MOS. There is also no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100013558
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013558
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018952
The applicant requests that his records be corrected 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. To support award of the CIB, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry...
ARMY | BCMR | CY2012 | 20120011077
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * add award of the Purple Heart (PH) and CIB * replace the entry "Pioneer" in item 25 (Education and Training Completed) with the entry "Combat Engineer" * change the title of his military occupational specialty (MOS) in item 23a (Specialty Number and Title) to read "Combat Engineer" vice "Demolition...
ARMY | BCMR | CY2010 | 20100007422
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM). The applicant's contentions that he should be awarded the CIB and his DD Form 214 should be corrected to show award of the ARCOM were carefully considered and determined to have partial merit. There is no evidence showing that he was ever awarded or recommended for award...
ARMY | BCMR | CY2011 | 20110017984
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, his military service records do not contain any orders awarding him the CIB. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of...
ARMY | BCMR | CY2010 | 20100018267
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 AR20070012266, on 8 January 2008. c. Item 38 (Record of Assignments) shows he served in duty MOS 12A Pioneer) or 12B (Combat Engineer) during his service in Vietnam; it does not show any entries for service in an infantry duty MOS. His records do not contain orders awarding him the...
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 | 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 | 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 | CY2012 | 20120020544
Additionally, appendix V of U.S. Army Vietnam (USARV) 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. With respect to award of the Combat Infantryman Badge, the evidence of record shows that the applicant was trained in and awarded an engineer MOS following completion of training and served in that MOS in an engineer battalion in...
ARMY | BCMR | CY2008 | 20080007449
Application for correction of military records (with supporting documents provided, if any). The applicant's records show he was assigned duties in MOSs 12A and 12B, (both non-infantry MOSs), and that he was assigned to the 229th Engineer Battalion while he was in the Republic of Vietnam. _________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.