BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110009377
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. He states, in effect, that on 4 October 1968 he earned the CIB while in combat against hostile forces outside Base Camp Betty while assigned to the 3rd Battalion, 506th Infantry, 101st Airborne Division, in the Republic of Vietnam (RVN).
3. He provides a copy of 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 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 was inducted into the Army of the United States on 10 April 1968. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He arrived in the RVN on 6 September 1968 and he was assigned to Company D, 3rd Battalion, 506th Infantry (Airmobile), 101st Airborne Division where he performed duties as a rifleman.
4. He departed the RVN on 23 August 1969. On 10 January 1970, he was honorably released from active duty after completing 1 year, 9 months, and 1 day of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 does not show award of the CIB.
6. There are no orders in the applicants service personnel records that show he was awarded the CIB.
7. The applicant's DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations), does not show award of the CIB.
8. Army Regulation 600-8-22 9Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position with Company D, 3rd Battalion, 506th Infantry (Airmobile), 101st Airborne Division. However, there is insufficient evidence to show he met all the criteria required for award of the CIB. There is no evidence in the available records and he has not provided evidence that shows he participated in active ground combat as an infantryman.
2. Unfortunately, because the applicant's participation in active ground combat cannot be determined, there is no basis for granting the applicant's requested relief.
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) AR20110009377
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110009377
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015148
The applicant requests that he be awarded the Combat Infantryman Badge (CIB). 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. _______ _ _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 | CY2011 | 20110021855
The applicant also provided a certificate which shows he was awarded the CIB. His DD Form 214 shows he received the following awards: * BSM * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * 2 overseas service bars 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form...
ARMY | BCMR | CY2013 | 20130021531
IN THE CASE OF BOARD DATE: 29 July 2014 DOCKET NUMBER: AR20130021531 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130001373, dated 13 August 2013, wherein he requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB). The applicant...
ARMY | BCMR | CY2010 | 20100024674
Mr. T____ A____ states he served with the applicant in Company B, 1st Battalion, 506th Infantry, and that the applicant came to the company in July 1970. The evidence of record shows the applicant served in an infantry company in an infantry MOS. However, the evidence does not show he served in active ground combat during his service in Vietnam.
ARMY | BCMR | CY2014 | 20140002042
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Combat Infantryman Badge (CIB). The evidence of record shows he held an infantry MOS and was assigned to an infantry unit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (2nd Award) for the period 12 October 1970 through 11 October 1973 and the Combat Infantryman...
ARMY | DRB | CY2005 | 20050008743
The applicant states, in effect, that the CIB and ARCOM he received while serving in the Republic of Vietnam (RVN) were erroneously omitted from the list of authorized awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 5 April 2003 separation document (DD Form 214). Absent any new evidence (third-party eye-witness statements, CIB awards orders, etc) confirming that the applicant was awarded the CIB by proper...
ARMY | BCMR | CY2009 | 20090002744
The applicants military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. 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...
ARMY | BCMR | CY2008 | 20080018370
The applicant requests, in effect, that all awards he earned during his active duty service, to include service medals authorized for Republic of Vietnam (RVN) service, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure: National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge...
ARMY | BCMR | CY2015 | 20150002297
Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The evidence also shows he participated in three campaigns during his service...
ARMY | BCMR | CY2008 | 20080010275
The applicant states, in effect, that he is providing a certified copy of a BSM certificate that confirms he received this award while serving in the Republic of Vietnam (RVN), and is requesting to be awarded the CIB based on his qualifying infantry combat service in the RVN. The applicant's record contains Headquarters, United States Army Personnel Center, Oakland, California, Special Orders Number 338, dated 3 December 1968, which directed his relief from active duty (REFRAD) and transfer...