IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110018493
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, to be awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was assigned to an infantry unit as a tactical communications chief and was under constant enemy fire during the period September 1967 to September 1968.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Department of Veterans Affairs (VA) Rating Decision.
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 was inducted into the Army of the United States on 27 October 1966. Upon completion of initial entry training he was awarded military occupational specialty (MOS) 36K (Field Wireman).
3. Reassignment orders indicate he arrived in Vietnam on or around 4 September 1967.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Records) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion, 35th Infantry, while in Vietnam and he departed Vietnam on 31 August 1968. The CIB is not included in item 41 (Awards and Decorations) of his DA Form 20.
5. His official military personnel file is void of orders or any other document that indicates he was recommended for or awarded the CIB.
6. He was honorably released from active duty on 1 September 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB.
7. He provides a VA Rating Decision that shows he was granted service-connected disability compensation for post-traumatic stress disorder.
8. Army Regulation 600-8-22 (Military Awards) states 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. Additionally, appendix V of U.S. Army Vietnam (USARV) 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.
9. USARV Regulation 672-1 also stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the CIB has been carefully reviewed.
2. The evidence shows he served in an infantry unit in Vietnam. His contention that he was under constant enemy fire was noted; however, the available evidence shows he did not hold an infantry MOS. Therefore, he is not authorized the CIB.
3. Based on the foregoing, there is no basis to grant the 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 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) AR20110018493
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018493
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020860
General Orders awarded the applicant the ARCOM for: meritorious service in support of United States objectives in the Republic of Vietnam during the period October 1966 to August 1967 while serving as a member of Headquarters and Service Battery, 6th Battalion, 29th Artillery, 4th Infantry Division. The applicant claims he should be awarded the CIB because he was an RTO in an infantry unit and was present when the unit engaged in active ground combat. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080006782
During its original review of the case, the Board found no evidence of record that showed the applicant served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size, and as a result, concluded there was insufficient evidence to support award of the CIB. Further, the evidence provided by the applicant places him with his qualifying infantry unit while it was engaged in active ground combat with enemy forces in the RVN. As a result, the...
ARMY | BCMR | CY2012 | 20120002093
The applicant requests award of the Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. 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.
ARMY | BCMR | CY2010 | 20100008720
Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that 1st Battalion, 14th Infantry, 4th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order (DAGO) 53, dated 1970; and 1st Battalion, 35th Infantry, 4th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for...
ARMY | BCMR | CY2008 | 20080007618
The applicant's records contain no orders awarding him the CIB. This document shows the units to which the applicant was assigned were cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Vietnam Gallantry Cross with Palm Unit Citation...
ARMY | BCMR | CY2014 | 20140009571
Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. A review of the available evidence failed to show that the...
ARMY | BCMR | CY2013 | 20130005317
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (RVN). _______ _ 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 | CY2013 | 20130020525
His DD Form 214 shows: * he held MOS 11B * he was awarded the * Purple Heart * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar * his last duty assignment was with Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), U.S. Army Vietnam (USARV) * he served in USARV for 7 months and 7 days 3. This is sufficient evidence to show that his...
ARMY | BCMR | CY2012 | 20120002792
The applicant states that he served in combat with the 1st Infantry Division in Vietnam from September 1966 to September 1967 and he was not awarded the CIB. While the sincerity of the applicant's claim that he served in combat is not in doubt, there is no evidence in the available records and he has not provided any evidence to show he held the MOS of an infantryman, that he endured the hardships of an infantryman, and that he engaged the enemy in combat while serving as an infantryman. ...
ARMY | BCMR | CY2011 | 20110020432
Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was awarded those awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the entry Vietnam Service Medal from his DD Form 214 * adding the...