BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100019112
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 that his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the CIB and it is not reflected on his DD Form 214.
3. The applicant provides no additional documents with 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 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 enlisted in the Regular Army in New Orleans, Louisiana, on 23 April 1969 for a period of 3 years and training as a personnel clerk. He completed his training at Fort Polk, Louisiana, and was transferred to Fort Benning, Georgia, where he remained until he was transferred to Vietnam on 16 March 1970 for assignment to the 228th Aviation Battalion as a clerk.
3. On 4 July 1970, the applicant's commander initiated action to discharge him from the service under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability) for unsuitability. He specifically cited that the applicant's performance as a company clerk for the 4 months of his assignment was substandard.
4. On 2 August 1970, he was discharged under honorable conditions at Oakland Army Base, California, under the provisions of Army Regulation 635-212 for unsuitability. His DD Form 214 shows he completed 1 year, 3 months, and 26 days of total active service and was awarded the National Defense Service Medal and the Vietnam Service Medal.
5. A review of the applicant's records failed to reveal orders awarding him 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 military occupational specialty. 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 military occupational specialty 11B, 11C, 11D, 11F, 11G, or 11H. Award of the CIB is always announced in special orders, which are required for this badge to be entered in official records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the CIB in Vietnam has been noted; however, it is not supported by evidence submitted with his application or the evidence of record.
2. The evidence of record shows the applicant served in Vietnam as a unit clerk and did not meet any of the criteria necessary for award of the CIB. Therefore, in the absence of orders showing he was in fact awarded the CIB, there appears to be no basis to add this badge to his records.
3. 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. The applicant has failed to submit evidence that would satisfy this requirement.
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 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) AR20100019112
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019112
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002072717C070403
He also requests award of the Combat Infantryman Badge (CIB). APPLICANT STATES : That he was given a general discharge after the accident wherein he shot and killed another soldier. On 22 February 1971, the applicant was discharged, with a general discharge under honorable conditions.
ARMY | BCMR | CY2003 | 2003088001C070212
The applicant requests, on two separate applications, that his general discharge be upgraded to honorable and that his DD Form 214 (Report of Transfer or Discharge) be corrected to show all awards he may be entitled to including the Purple Heart and the Combat Infantryman Badge (CIB). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Evidence...
ARMY | BCMR | CY2008 | 20080015365
The applicant requests that his records be corrected to reflect that he served as a combat infantryman in Vietnam and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, that during his first 4 months in Vietnam he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the...
ARMY | BCMR | CY2010 | 20100020744
A DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (Military Occupational Specialties) he was awarded MOS 71B (Clerk-Typist) on 17 May 1968 * item 31 (Foreign Service) he served in Vietnam from 22 January 1969 to 23 February 1970 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Headquarters and Headquarters Detachment, 79th Maintenance Battalion, from 25 January to 10 August 1969 * Headquarter and Headquarters Company, 3d Battalion, 8th Infantry,...
ARMY | BCMR | CY2008 | 20080000822
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the Combat Infantryman Badge (CIB). The applicant provides his DD Form 214 as documentary evidence in support of this application.
ARMY | BCMR | CY2008 | 20080012249
The applicant requests that his records be corrected to reflect his award of the Combat Infantryman Badge (CIB). 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. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2013 | 20130001057
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). 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 military occupational specialty (MOS). _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2015 | 20150002555
Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130015237, on 24 April 2014. However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show he was awarded the CIB. The available evidence shows the applicant served as a clerk typist and supply clerk in infantry units throughout...
ARMY | BCMR | CY2010 | 20100007279
Application for correction of military records (with supporting documents provided, if any). U.S. MACV Directive 672-1 (Awards and Decorations) provided for award of the CIB. The evidence does not show he was awarded an infantryman MOS, nor was he assigned in a qualifying position authorized the award of the CIB as provided in MACV Directive 672-1 (Awards and Decorations) while attached to the CORDS, Advisory Team 20 in the RVN.
ARMY | BCMR | CY2011 | 20110020197
However, the evidence of record shows he held an administrative MOS and served with his infantry battalion as a clerk typist. There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS or that he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. Regretfully, in the absence of conclusive evidence that the applicant held...