IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100019651
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 is entitled to the CIB for his combat service as an infantryman in Vietnam.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests the applicant be awarded the CIB.
2. Counsel states the applicant served as an infantryman in Vietnam for approximately 10 months. He went on combat missions on a regular basis.
3. Counsel does not provide any additional evidence.
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's military records consist primarily of his service medical records. His personnel records are not contained in his file. The only document available to the Board is the applicant's DD Form 214.
3. He was inducted into the Army of the United States on 27 July 1970. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
He served in Vietnam from 3 January 1971 to 26 October 1971. He was promoted to pay grade E-5.
4. He was honorably released from active duty on 28 January 1972. The DD Form 214 he was issued shows his last unit as Company E, 3rd Battalion, 21st Infantry Brigade, in Vietnam. However, it does not show he was awarded the CIB.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an infantryman assigned to an infantry unit in Vietnam.
2. However, there is no evidence he served in active ground combat. Without such evidence, a presumption of regularity that what the Army did was correct must be applied.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100019651
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019651
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020234
The applicant requests award of the Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. In the absence of evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2011 | 20110012983
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) 2. The applicant's infantry MOS and/or his service in Vietnam are not in question. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat...
ARMY | BCMR | CY2008 | 20080017351
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). The applicant's records show that he served in the Republic of Vietnam from 21 August 1971 to 21 April 1972. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.
ARMY | BCMR | CY2009 | 20090017635
His personnel records do not contain orders which show he was awarded the CIB. The evidence of record shows the applicant was awarded MOS 11B and served in this MOS while performing the duties of a squad leader with the 173rd Airborne Brigade during his tour in 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.
ARMY | BCMR | CY2008 | 20080005811
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. The evidence of record shows that the applicant was awarded an infantry MOS; however, there is no evidence that the applicant was assigned to an infantry unit of brigade, regiment, or smaller size, and the applicant did not provide any evidence showing that he was directly involved in ground combat. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit,...
ARMY | BCMR | CY2008 | 20080004261
The applicant's records show he enlisted in the Regular Army for a period of 3 years on 19 June 1970. The applicants records show that he served in the Republic of Vietnam from 5 June 1971 to 28 March 1972. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).
ARMY | BCMR | CY2010 | 20100018778
Application for correction of military records (with supporting documents provided, if any). The evidence shows the applicant served in an infantry MOS in a qualifying infantry unit for a short period; however, it also shows he served as a scout observer and switchboard operator, neither of which is listed as a position authorizing award of the CIB in the RVN. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the...
ARMY | BCMR | CY2011 | 20110012622
The applicant states he should be considered for the CIB: * for serving in Vietnam during the period 15 October 1970 through 11 February 1971 * it was never awarded nor recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 3. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground...
ARMY | BCMR | CY2012 | 20120003575
The applicant states: * His CIB is not present on his DD Form 214 * His personnel file proves where he was and what he did in Vietnam 3. The applicant provides: * Service personnel records * DD Form 214 (Report of Separation from Active Duty) for the period ending 26 April 1976 CONSIDERATION OF EVIDENCE: 1. _______ _ _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 | CY2009 | 20090000979
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Bronze Star Medal and Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.