Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110019287
Original file (20110019287.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110019287 


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 the Combat Infantryman Badge (CIB).

2.  The applicant states he held the military occupational specialty (MOS) of 11B (Light Weapons Infantryman).  He was stationed in Vietnam from July 1967 to August 1968, served with the 1st Infantry Division during combat operations, and the CIB should have been awarded.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 9 January 1967.  He completed basic combat and advanced individual training and was awarded MOS 11B.  The highest rank/grade he attained while serving on active duty was private first class/E-3.

3.  His records show he served in Vietnam with Company D, 2nd Battalion, 16th Infantry, from 19 July 1967 to 21 August 1968.

4.  He was honorably released from active duty on 24 January 1969.
 
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's infantry MOS and/or his service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was an active participant in ground combat while assigned to an infantry unit.

2.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB.  If he can obtain any of these documents that corroborate his participation in ground combat, he may apply for reconsideration.

3.  This action in no way diminished the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  


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.




      _______ _   _______   ___
               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)                                         AR20110019287



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019287



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100028397

    Original file (20100028397.txt) Auto-classification: Approved

    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. However, evidence shows he held and served in an infantry MOS while assigned to an infantry unit in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...

  • ARMY | BCMR | CY2013 | 20130002760

    Original file (20130002760.txt) Auto-classification: Denied

    The applicant requests: a. award of the Combat Infantryman Badge (CIB) and "Wings" (correctly known as the Aircraft Crew Member Badge during the Vietnam era and currently known as the Aviation Badge); and b. the issuance of the Republic of Vietnam Campaign Medal and Vietnam Service Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. There is no evidence of record which shows he served in...

  • ARMY | BCMR | CY2009 | 20090014635

    Original file (20090014635.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 either the Combat Infantryman Badge (CIB) or the Combat Action Ribbon (CAR). The applicant's contention that his record should be corrected to show that he was awarded either the CIB or the CAR for his service in the Republic of Vietnam was carefully considered. Although the evidence of record shows the applicant served in an infantry MOS in an infantry...

  • ARMY | BCMR | CY2013 | 20130004100

    Original file (20130004100.txt) Auto-classification: Denied

    The applicant provides copies of: * His DD Form 214 * Orders from the U.S. Army Reserve dated 21 March 1973 * Orders assigning him to the 121st Aviation Company, dated 4 June 1968 * DA Form 20 (Enlisted Qualification Record) * A 10-page self-authored letter * Information on Pathfinders * A picture of himself as a Pathfinder in the Republic of Vietnam (RVN) CONSIDERATION OF EVIDENCE: 1. Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the CIB. He also provides...

  • ARMY | BCMR | CY2010 | 20100017106

    Original file (20100017106.txt) Auto-classification: Denied

    There are no orders in his records that show he was awarded the CIB. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was assigned to an infantry unit or that he was an active participant in ground combat while assigned to an infantry unit. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any...

  • ARMY | BCMR | CY2015 | 20150000892

    Original file (20150000892.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. His military service record is void of documentation that shows he actively participated in ground...

  • ARMY | BCMR | CY2008 | 20080010054

    Original file (20080010054.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rifle qualification badges. There are no orders in the applicant's record to show he was recommended for or awarded the CIB. Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.

  • ARMY | BCMR | CY2014 | 20140016888

    Original file (20140016888.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. Records show he participated in two campaigns during his service in the Republic of Vietnam; therefore,...

  • ARMY | BCMR | CY2010 | 20100028420

    Original file (20100028420.txt) Auto-classification: Denied

    BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100028420 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's infantry MOS and service with the 1st Battalion, 16th Infantry, in Vietnam are not in question. Notwithstanding his sincerity, the statement of support from LTC R*** was noted; however, it stated the applicant was a member of the reconnaissance platoon and served as an 11B in Vietnam, it did not state he participated in ground combat.

  • ARMY | BCMR | CY2011 | 20110013943

    Original file (20110013943.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 4 November 1966 through 3 August 1968 and to add this award to his DD Form 214. _______ _ __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.