Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110018310
Original file (20110018310.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110018310 


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, in effect, 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 a personnel clerk at the U.S. Army Personnel Center in Oakland, CA told him he was authorized the Combat Infantryman Badge during his out-processing.  The award was placed on his uniform but he was never issued a DD Form 215 (Correction to DD Form 214). 

3.  The applicant provides his DD Form 214, effective 12 November 1971.

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 records show he was inducted into the Army of the United States on 21 April 1970 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of training.

3.  His DA Form 20 shows:

	a.  he served in the Republic of Vietnam (RVN) from on or about 14 October 1970 to 19 November 1971; 

	b.  during his tour of duty in the RVN he was assigned to:

* Data Service Center, with duties as a data analyst specialist
* Headquarters Company, Special Troops, with duties as a tower guard

	c.  item 41 (Awards and Decorations) does not show ward of the Combat Infantryman Badge.

4.  He was honorably released from active duty on 23 November 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  There are no official orders in his records that show award of the Combat Infantryman Badge.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Combat Infantryman Badge.

2.  The award of the Combat Infantryman Badge requires the Soldier to be an infantryman performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.

3.  The available record shows during his period of service in the RVN he was not assigned to an infantry unit.  He performed the duties of a data analyst and a tower guard.  There is insufficient evidence to award the Combat Infantryman Badge.

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)                                         AR20110018310



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018310



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080011371

    Original file (20080011371.txt) Auto-classification: Denied

    There are no orders in the applicant’s military service records to show that he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations). The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge because he served as a gunner of an M-60 machine gun and he was involved in numerous missions while under hostile enemy fire during the period January 1971...

  • ARMY | BCMR | CY2009 | 20090002744

    Original file (20090002744.txt) Auto-classification: Approved

    The applicant’s 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 | 20080002121

    Original file (20080002121.txt) Auto-classification: Denied

    The following members, a quorum, were present: The Board considered the following evidence: Exhibit A - Application for correction of military records. There was no evidence in the available records and the applicant had not provided sufficient evidence to show that he was directly involved in active ground combat or that he was performing infantry duties while assigned to an infantry unit of brigade, regimental, or smaller size. The applicant provided, as new evidence, copies of several...

  • ARMY | BCMR | CY2008 | 20080016888

    Original file (20080016888.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant’s military personnel records did not contain any orders for awarded the Combat Infantryman Badge. Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge in this case.

  • ARMY | BCMR | CY2002 | 2002082358C070215

    Original file (2002082358C070215.rtf) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) dated 4 June 1971, to show award of the Combat Infantryman Badge (CIB) and award of a second Army Commendation Medal (ARCOM) with “V” Device. The applicant states in effect, that he is entitled to award of the CIB, since he served in a combat unit from approximately June 1970 until January 1971. The orders for his Bronze Star Medal with “V” Device identify him as a member of D Troop, 1st Squadron, 9th...

  • ARMY | BCMR | CY2011 | 20110018280

    Original file (20110018280.txt) Auto-classification: Approved

    Item 38 (Record of Assignments) shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments. Although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN, it does confirm he served as an infantryman in MOS 11B with a qualifying infantry unit during his tour of duty in the RVN. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2011 | 20110010913

    Original file (20110010913.txt) Auto-classification: Denied

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) he qualified as – * Marksman with the M-16 automatic rifle on 24 September 1970 * First Class [Sharpshooter] with the grenade on 25 September 1970 * Expert with the M-16 automatic rifle on 6 November 1970 * Sharpshooter with the M-60 machine gun on 10 November 1970 b. item 31 (Foreign Service) – RVN from 12 January to on or about 15 December 1971; c. item 38 (Record of Assignments) – duty...

  • ARMY | BCMR | CY2010 | 20100025852

    Original file (20100025852.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by awarding him the Combat Infantryman Badge and showing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states he served in the Republic of Vietnam (RVN) and was in combat.

  • ARMY | BCMR | CY2009 | 20090017069

    Original file (20090017069.txt) Auto-classification: Denied

    He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his MOS of 11C1O and that he was awarded the Combat Infantryman Badge. The applicant's DA Form 20 (Enlisted Qualification Record), audited on 28 May 1968, shows in: a. item 22 (Military Occupational Specialties) he was awarded MOS 11C2O (Infantryman Indirect Fire Crewman) on 1 January 1967; b. item 31 (Foreign Service) he served in the RVN from 15 September 1967 through 11 August 1968; c....

  • ARMY | BCMR | CY2011 | 20110005293

    Original file (20110005293.txt) Auto-classification: Denied

    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. There is insufficient evidence to award the Combat Infantryman Badge. ____________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.