IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023902
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 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.
2. The applicant states he served with the 11th Infantry Brigade in the Republic of Vietnam (RVN) in 1968.
3. The applicant provides a copy of his son's Report of Birth Aboard.
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's records show he was inducted into the Army of the United States on 26 August 1969 and he was awarded MOS 12A (Pioneer) upon completion of training.
3. His DA Form 20 (Enlisted Qualification Record) shows the following:
a. He served in the RVN from 15 April 1970 to 9 March 1971; and
b. During his tour of duty in the RVN he was assigned to Company A, 7th Engineer Battalion, 1st Infantry Brigade, 5th Infantry Division (Mechanized) with duties as a Pioneer.
4. He was honorably released from active duty on 7 September 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge.
6. There are no official orders in his records that show award of the Combat Infantryman Badge.
7. The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing U. S. Army special orders issued between 1965 and 1973 for the Vietnam era, does not show award orders were published awarding the applicant the Combat Infantryman Badge.
8. The applicant provided a copy of his son's birth certificate which lists his address as the 11th Infantry Brigade, RVN, as of 4 October 1968.
9. 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 military occupational specialty (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 (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show award of the Combat Infantryman Badge.
2. His service in Vietnam is not in question. However, he held an engineer MOS and he was assigned as an engineer to Company A, 7th Engineer Battalion, 1st Infantry Brigade, 5th Infantry Division (Mechanized). Further, there is no available evidence confirming he held an infantry MOS and/or had been assigned to an infantry unit that was actively engaged in ground combat with the enemy. Accordingly, he is not entitled to the Combat Infantryman Badge.
3. In view of the foregoing, his request should be denied.
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) AR20100023902
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100023902
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019901
The applicant provides copies of: * May/June 2012 issue of the Vietnam Veterans of America Magazine, page 41 * 1st Cavalry Division Vietnam Combat Certificate * letter from the applicant to this Board, dated 15 August 2011 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DA Form 20 (Enlisted Qualification Record), pages 2, 3, and 4 * Operational Report, 1st Cavalry Division, for the period ending 30 April 1970, dated 12 November 1970 * 5th Battalion, 7th...
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 | CY2009 | 20090004986
The applicants military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. Therefore, it would be appropriate to correct his records to show award of the Vietnam Service Medal with four bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty as a combat...
ARMY | BCMR | CY2010 | 20100009921
During its original review of the case, the Board found no evidence of record the applicant served in active ground combat during his tour in the Republic of Vietnam (RVN) and as a result concluded there was insufficient evidence to support award of the CIB. Further, there is no indication he was ever assigned to an infantry staff headquarters or to non-infantry duties during his tenure of assignment in the RVN, and given his unit regularly participated in combat operations and was cited...
ARMY | BCMR | CY2011 | 20110003909
The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following: * Combat Infantryman Badge * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. A review of his personnel service records failed to show evidence and...
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 | CY2008 | 20080014413
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Army Commendation Medal, and Combat Infantryman Badge. The applicants military personnel records are absent orders or any other evidence to show he was awarded the Combat Infantryman Badge. Therefore, it would be appropriate to correct his records to show this unit award.
ARMY | BCMR | CY2006 | 20060010106C071029
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in. However, there are no orders, or other documents on file that show he was ever recommended for, or awarded either the CIB or CMB while he was serving on active duty. The evidence of record confirms the applicant’s combat service in the RVN; however, combat service alone does not support award of the CMB or CIB.
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 | CY2010 | 20100024236
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. The applicant states his DD Form 214 does not show he was ever in the infantry but he has a Combat Infantryman Badge that was issued (to him) when he was assigned to 5th Battalion, 11th Infantry, Fort Carson, CO. The evidence of record shows he served in Vietnam in MOS 63B.