IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021441
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 he be awarded the Combat Infantryman Badge (CIB) and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served as an infantryman in Vietnam.
2. The applicant states that his DD Form 214 incorrectly reflects the military occupational specialty (MOS) of a communications crewman; however, he only worked in communications while in the United States and served as an infantryman in Vietnam. He also states that he should have been awarded the CIB.
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 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. He was inducted in New York on 10 March 1964 and was transferred to Fort Dix, New Jersey where he underwent his basic training and his advanced individual training. He was awarded MOS 36A (Communications Crewman).
3. He was initially assigned to Fort Devens, Massachusetts for duty as a message clerk and on 16 October 1965 he was transferred to Fort Riley, Kansas.
4. On 23 December 1965, he was transferred to Vietnam with his unit. He was assigned as light weapons infantryman with Company C, 2d Battalion 2d Infantry Regiment. He departed Vietnam on 3 March 1966 and he was transferred to Oakland Army Base, California where he was honorably released from active duty on 7 March 1966 as an overseas returnee. He had served 1 year,
11 months, and 26 days of active service and 3 months and 6 days of foreign service in Vietnam. His DD Form 214 shows his MOS was 36A and that he was awarded the Vietnam Service Medal and his marksmanship badges.
5. A review of his official records failed to show that he was awarded MOS 11B (Light Weapons Infantryman) or that he was awarded the CIB.
6. Army Regulation 600-8-22 (Military Awards) states 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) 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.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the specialty number and title of the MOS for which an individual has been awarded will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the applicants records show he served as an infantryman more than
3 months while he was in Vietnam, there is no evidence to show that he was ever awarded the MOS of an infantryman. Therefore, in the absence of orders to show otherwise, there appears to be no basis to correct his DD Form 214 to show an infantry MOS.
2. Likewise, the applicants records contain no evidence to show he engaged the enemy in ground combat or that he was an infantryman while assigned to an infantry unit in Vietnam. Therefore, absent such evidence there is no basis to award him the CIB at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100021441
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021441
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100020240
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. However, there is insufficient evidence on which to correct his record to show award of the CIB in this case. To support award of the CIB, he is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit...
ARMY | BCMR | CY2009 | 20090018094
The CIB entry on the applicant's DA Form 20 is not supported by any other evidence of record. The available evidence shows the applicant served in an infantry unit. ___________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 | CY2010 | 20100008788
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, there is no evidence in his records that show that he was awarded an infantry specialty. There is no indication that he served as a commander of an infantry unit while in Vietnam.
ARMY | BCMR | CY2008 | 20080013045
The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his units 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 | CY2013 | 20130002347
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). He states he was awarded the CIB for combat in Vietnam. The DD Form 214 he was issued at the time does not show the CIB as an awarded or authorized award.
ARMY | BCMR | CY2008 | 20080008719
His DD Form 214 shows that he served a total of 1 year, 10 months, and 29 days of creditable active military service during this period. His DD Form 214 shows that he served a total of 2 years, 11 months, and 23 days of creditable active military service during this period. United States Army Vietnam Regulation 672-1 (Awards and Decorations) establishes policy governing award of the CIB for Army forces operating in South Vietnam.
ARMY | BCMR | CY2010 | 20100009896
The applicant provides: * a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) * orders confirming his unit of assignment in Vietnam * general orders announcing award of the ARCOM * a letter from the U.S. Army Human Resources Command (AHRC) Military Awards Branch (MAB) denying his request for the CIB * six statements of support with attached DD Forms 214 from veterans who served with him in Vietnam CONSIDERATION OF...
ARMY | BCMR | CY2010 | 20100025334
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). DISCUSSION AND CONCLUSIONS: The available evidence shows the applicant was an infantryman assigned to an infantry unit in Vietnam. However, there is no available evidence that shows he was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2005 | 20050017720C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 AUGUST 2006 DOCKET NUMBER: AR20050017720 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. The applicant's military records show he was inducted into the Army of the United States on 8 September 1966. There is no evidence in the available records to show that the applicant should be awarded the CIB.
ARMY | BCMR | CY2007 | 20070012979C080213
His DD Form 214 for the period ending 22 April 1969 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the VN Unit Citation, two overseas bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar M-14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. Therefore, the Board requests that the CMSD-St. Louis...