Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110014900
Original file (20110014900.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110014900 


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 a third Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states during his second tour of duty in the RVN, he was told he had been recommended for his third CIB.

3.  The applicant provides a copy of his DD Form 214 for the period ending
11 October 1974.

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.  Evidence of record and background information:

	a.  The applicant served on active duty as a member of the enlisted Reserve component from 21 September 1950 to 4 August 1951.

* He held military occupational specialty (MOS) 4745 (Infantry)
* He served in the Republic of Korea (ROK) from September 1950 to August 1951
* He was awarded his first CIB

	b.  The applicant served in the RVN from 10 February 1968 to 7 February 1969.

* He held MOS 11B (Light Weapons Infantryman) and 11F (Infantry Operations and Intelligence Specialist)
* He was a squad leader with the 57th Infantry Platoon, 108th Light Infantry Brigade and a platoon sergeant in the 4th Infantry Division
* The Americal Division awarded him a second CIB

	c.  The applicant served a subsequent tour of duty in the RVN from 
September 1970 to May 1971.

* He was a platoon sergeant with the 58th Infantry Platoon
* He was medically evacuated from the RVN on or about  13 May 1971

3.  On 11 October 1974, the applicant retired due to length of service.  He had attained the rank/grade of sergeant first class (SFC)/E-7 and completed
20 years, 4 months, and 2 days of creditable active service.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 11 October 1974 shows the:

* National Defense Service Medal
* Army Good Conduct Medal (4th Award)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge (2 awards)
* Bronze Star Medal
* Six Overseas Service Bars
* United Nations Service Medal


* Army Commendation Medal
* Purple Heart
* Merit Service Medal

5.  Army Regulation 600-8-22 (Military Awards):

	a.  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.

	b.  The CIB is authorized for qualified Soldiers in any of three conflicts:  World War II, the Korean conflict, and for service in the RVN.  Only one award of the CIB is authorized for service in each of these areas regardless of whether the Soldier has served one or multiple tours in the area.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded a third award of the combat infantryman badge for combat service during his second tour of duty in the RVN and his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows the applicant was awarded the CIB for his service in the ROK and again for his service in the RVN during his first tour of duty.  However, the governing regulation prohibits the award of a second or subsequent CIB for service in the same area.

3.  In view of the foregoing, 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)                                         AR20110014900



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014900



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060008649C071029

    Original file (20060008649C071029.doc) Auto-classification: Approved

    The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...

  • ARMY | BCMR | CY2008 | 20080000644

    Original file (20080000644.txt) Auto-classification: Approved

    The applicant provides the following documents in support of his application: Self-Authored Letter, dated 12 December 2007; DD Form 214; Department of the Army (DA) PUC General Orders (GO) Number (#) 25, dated 8 June 2001 and GO # 75, dated 2 December 1969; Officer Qualification Record (DA Form 66); and Headquarters, 4th Infantry Division Special Orders (SO) # 32, dated 1 February 1968. However, the evidence of record confirms his entitlement to one award of the PUC based on his service...

  • ARMY | BCMR | CY2006 | 20060009987C071029

    Original file (20060009987C071029.doc) Auto-classification: Denied

    It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The evidence of record in this case shows that the applicant held and served in a non-infantry MOS while serving in Korea, and throughout his military career. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the United...

  • ARMY | BCMR | CY2007 | 20070000851C071029

    Original file (20070000851C071029.doc) Auto-classification: Approved

    Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea for, in part, 30 consecutive or 60 nonconsecutive days during the period 28 July 1954 to a date to be determined by the Secretary of Defense. The applicant requests a second award of the CIB for his service as a platoon sergeant in the Infantry during the period 16 May...

  • ARMY | BCMR | CY2006 | 20060008319

    Original file (20060008319.txt) Auto-classification: Approved

    x The Board considered the following evidence: Exhibit A - Application for correction of military records. These orders awarded the applicant the PH, for wounds he received while engaged in hostile combat action near Haktong-ni, Korea on 1 December 1952. The evidence of record confirms he was wounded in action in Korea on 1 December 1952 and again on 13 June 1953.

  • ARMY | BCMR | CY2007 | 20070015361

    Original file (20070015361.txt) Auto-classification: Approved

    The applicant requests, in effect, that his 31 May 1971 separation document (DD Form 214) be corrected to show the inactive service he completed from 1 July through 25 August 1949 in Item 22a(2) (Other Service), and that Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to reflect all awards listed on a National Personnel Records Center (NPRC) Letter he was issued. The evidence of record further confirms the applicant was...

  • ARMY | BCMR | CY2007 | 20070016181C080407

    Original file (20070016181C080407.doc) Auto-classification: Approved

    He states that he also served in the Republic of Vietnam (RVN) as an infantryman and was wounded, and he feels he deserves a second award of the CIB for this combat service in the RVN. The applicant's record also shows that during his RVN tour, he was awarded the Air Medal and a second award of the BSM, which were not included on his final DD Form 214. 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 | BCMR | CY2014 | 20140016462

    Original file (20140016462.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge (CIB), Purple Heart, and the Korean Service Medal (KSM) with three bronze service stars. He states he should have been awarded the CIB and the KSM with three bronze service stars. There is no evidence in the available record and the applicant provides insufficient evidence to show he was eligible for award of the CIB.

  • ARMY | BCMR | CY2010 | 20100028885

    Original file (20100028885.txt) Auto-classification: Approved

    The applicant states the CIB was issued in April or May 1969, but no orders were received and the CIB is not listed on the DD Form 214. There are no orders or any other evidence in his OMPF showing he was recommended for or awarded the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge effective 28 March 1969 and b. adding the KDSM, RVN Gallantry Cross with Palm Unit...

  • ARMY | BCMR | CY2011 | 20110018455

    Original file (20110018455.txt) Auto-classification: Approved

    The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued at the time shows he earned the following awards during his active duty tenure: * Korean Service Medal (KSM) with 1 bronze service star * PH * United Nations Service Medal 5. The evidence of record confirms the applicant held and served in an infantry specialty in a qualifying infantry unit while serving in Korea. The evidence also confirms that based on his service and campaign participation in...