BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025334
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 (CIB).
2. The applicant states he served in the infantry in Vietnam.
3. The applicant provides a copy his DD Form 214.
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 record shows he was inducted into the Army of the United States on 28 December 1965. He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) that he served in Vietnam from 15 June 1966 through 11 June 1967.
b. item 38 (Record of Assignments) he was assigned to Company D, 2d Battalion, 5th Cavalry, 1st Cavalry Division, in duty MOS 11H (Indirect Fire Crewman), on 23 June 1966, and Headquarters and Headquarters Company, 2d Brigade, 1st Cavalry Division, in duty MOS 11B (Assistant Machine Gunner), on 18 April 1967.
c. item 41 (Awards and Decorations) the Vietnam Service Medal, National Defense Service Medal, Two Overseas Service Bars, Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 14 December 1967. Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) shows the Vietnam Service Medal with one bronze service star, Air Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. There are no official orders or other evidence in the applicant's records that show he was awarded the CIB.
6. Army Regulation 600-8-22 (Military Awards) provides that 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 during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the 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. Therefore, his request for the Combat Infantryman Badge to be shown on his DD Form 214 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) AR20100000695
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025334
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003778
IN THE CASE OF: BOARD DATE: 11 September 2012 DOCKET NUMBER: AR20120003778 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's DD Form 214 shows the following awards: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge (M-14 Rifle) * 2 Overseas Service Bars 8. Unfortunately, without orders showing he received the CIB or evidence showing he served in active ground combat while performing...
ARMY | BCMR | CY2010 | 20100010288
U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), Appendix V, 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. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate...
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 | CY2010 | 20100025337
The applicant requests he be awarded the Combat Infantryman Badge (CIB). There are no official orders or other evidence in the applicant's records that show he was awarded the CIB. _____________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 | 20080017017
During its original review the Board determined that although the evidence of record confirmed the applicant held an infantry MOS and was assigned duties as a scout and senior scout observer with a qualifying infantry unit during his service in the Republic of Vietnam (RVN), there was no evidence of record confirming his active participation in ground combat, and that there were no orders or other documents on file that indicated he had ever been recommended for or awarded the CIB. The...
ARMY | BCMR | CY2011 | 20110009693
His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments): * he served in duty MOS 11D and his principal duty was light truck driver while assigned to Headquarters and Headquarters Troop (HHT), 1st Squadron, 4th Cavalry in Vietnam from 25 July 1966 through 2 February 1967 * he served in duty MOS 11D and his principal duty was personnel carrier driver while assigned to HHT, 1st Squadron, 4th Cavalry in Vietnam from 3 February 1967 through 28 June 1967 * he...
ARMY | BCMR | CY2008 | 20080005557
The applicant requests award of the Combat Infantryman Badge (CIB). No CIB orders are filed in the applicants records. The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies.
ARMY | BCMR | CY2007 | 20070011370C080407
The evidence of record in this case, although it shows the applicant was assigned to a qualifying infantry unit, confirms he held and served in MOS 31B as a field radio mechanic while serving in the RVN. His record is void of any orders or other documents showing that he was ever recommended for, or awarded the CIB by proper authority while serving on active duty, and the CIB is not included in the list of awards contained in Item 41 of his DA Form 20. Therefore, the Board requests that...
ARMY | BCMR | CY2009 | 20090011071
The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 14 May 1966 through 13 August 1967. Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 21 September 1964 through 14 August 1967 and to add this award to his record and DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100023880
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and Air Medal (AM) (6th Award) and with "V" Device. The available evidence of record fails to show the applicant was awarded the CIB. Although the applicant's DD Form 214 shows the AM (5th OLC), there is no evidence of record and he has provided none to show he was awarded the AM (6th Award) and with "V" Device.