IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017984
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 he arrived in Vietnam as an 11B (Light Weapons Infantryman), but due to the shortage of combat engineers he was attached to the 86th Engineer Battalion. He adds he was attached to the battalion from January to April 1969 and subsequently transferred to the 199th Infantry Brigade. He states his unit engaged in combat with the enemy on numerous occasions, but he was never issued the CIB.
3. He provides his self-authored statement and 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 enlisted in the Regular Army on 9 August 1968. After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B. He served in Vietnam from
13 January 1969 to 12 January 1970. He was honorably released from active duty on 7 August 1970 and credited with 1 year, 11 months, and 29 days of active duty service.
3. Item 22 (MOSs) of his DA Form 20 (Enlisted Qualification Record) shows his MOS was changed to 12B (Combat Engineer) on 12 April 1969.
4. During his tenure of service in Vietnam he was assigned to the following units in the following MOSs:
a. Company A, 86th Engineer Battalion, from 19 January 1969 to 8 March 1969 in MOS 12A (Pioneer).
b. Company A, 86th Engineer Battalion, from 9 March 1969 to 27 April 1969 in MOS 12B.
c. Company B, 5th Engineer Battalion, 12th Infantry Regiment, 199th Infantry Brigade, from 1 May 1969 to 16 October 1969 in MOS 12B.
d. Headquarters and Headquarters Company, 199th Infantry Brigade, from
17 October 1969 to 9 January 1970 May 1969 to 16 October 1969 in MOS 12B.
5. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB.
6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB. The evidence of record shows he was awarded MOS 11B after advanced individual training, but in April 1969, his MOS was changed to 12B. Even though the applicant served with the 199th Infantry Brigade, he was assigned and served as a 12B. In view of this fact, there is an insufficient basis for award of the CIB.
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) AR20110017984
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017984
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016410
His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 19 September 1967 through 28 November 1968. As a result, the evidence does not support award of the PH. The applicant and all others concerned should know this action related to award of the PH and CIB in no way diminishes the sacrifices made by the applicant in service to our Nation.
ARMY | BCMR | CY2014 | 20140016544
He also provided 12 photographs taken with fellow Soldiers during his period of service in the Republic of Vietnam, and several letters home that discuss personal issues and his military duties. He was awarded an infantry MOS and he served with an infantry unit during his initial period of service in the Republic of Vietnam; however, the available evidence does not sufficiently corroborate his engagement with the enemy in active ground combat while assigned to an infantry unit. ...
ARMY | BCMR | CY2012 | 20120011077
The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * add award of the Purple Heart (PH) and CIB * replace the entry "Pioneer" in item 25 (Education and Training Completed) with the entry "Combat Engineer" * change the title of his military occupational specialty (MOS) in item 23a (Specialty Number and Title) to read "Combat Engineer" vice "Demolition...
ARMY | BCMR | CY2002 | 2002076393C070215
The applicant states that his DD Form 214 does not show that he was awarded the CIB. He was awarded military occupational specialty (MOS) 11B, infantryman, and served in Vietnam in his MOS from 27 June 1969 through 8 October 1969, while assigned to Company B, 5 th Battalion, 12 th Regiment, 199 th Infantry Brigade. The evidence of record shows that the individual concerned had an infantry MOS.
ARMY | BCMR | CY2011 | 20110020946
His available record does not contain orders for the Purple Heart nor does it contain any documentation pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam. Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), the regulation in effect at the time, 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. The evidence of record...
ARMY | BCMR | CY2008 | 20080011168
IN THE CASE OF: BOARD DATE: 3 September 2008 DOCKET NUMBER: AR20080011168 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In his undated statement, a member of the applicants unit states that he served with the applicant in the Republic of Vietnam in 1970 and that they were assigned to the 199th Infantry Brigade. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).
ARMY | BCMR | CY2008 | 20080016530
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.
ARMY | BCMR | CY2005 | 20050000410C070206
The applicant requests that his record be corrected to show award of the Combat Infantryman Badge (CIB). There is no evidence that the applicant was awarded an infantry MOS or served in ground combat as an infantryman. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2006 | 20060001459C070205
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB). Although records show the applicant was an Infantryman assigned to an Infantry unit in the Republic of Vietnam, there is insufficient evidence in the available records and the applicant did not provide sufficient evidence, to show he served in active ground combat while performing duties in the Republic of Vietnam. Evidence...
ARMY | BCMR | CY2011 | 20110014297
The applicant's military records show he was inducted into the Army of the United States on 21 January 1969. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam. Although the evidence of record shows he was assigned to the199th Infantry Brigade and to the 1st Armor Calvary Division in what appears to be MOS 05C, there is no evidence to show he was TDY in support of the Cambodian Incursion and personally present...