IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021730
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, in effect, he earned the badge while serving with Company D, 3d Battalion, 12th Infantry of the 4th Infantry Division. He further states that his military occupational specialty (MOS) was changed to 64B2O just prior to leaving Vietnam as an opportunity to transfer out of the infantry so he could finish his service at Fort Riley, Kansas.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214), dated 8 June 2010
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 was inducted into the Army of the United States, on 27 March 1967, and trained in and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 August 1967 through 2 September 1968. It also shows he was promoted to specialist four/E-4 on 15 April 1968, and this is the highest rank he attained while serving on active duty.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour he was assigned to Company A, 3d Battalion, 12th Infantry, where he performed duties in MOS 11B as a rifleman. Item 38 further shows he received excellent conduct and efficiency ratings during all of his active duty assignments. Item 41 (Awards and Decorations) does not include the CIB in the list of earned awards.
5. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the CIB to him.
6. On 26 March 1969, the applicant was honorably released from active duty (REFRAD), in the rank of SP4/E-4, after completing 2 years of active military service. The DD Form 214 he was issued upon his REFRAD shows he earned the following awards during his active duty tenure:
* National Defense Service Medal
* One Overseas Service Bar
7. The applicant's records contained a DD Form 215, dated 8 June 2010, which corrected his records to include the following awards for his service in the RVN:
* Vietnam Service Medal with 4 Bronze Service Stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge
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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the CIB was carefully considered. Unfortunately, without orders showing he received the CIB or evidence showing he served in active ground combat while performing infantry duties, there is insufficient basis for correcting his record to show he was awarded the CIB.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He 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.
_______ _ 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) AR20110021730
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110021730
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080013045
The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his units morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...
ARMY | BCMR | CY2009 | 20090000597
Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that his DD Form 214 does not list the CIB or the unit awards he earned while serving in the Republic of Vietnam (RVN). Service in a combat zone alone does not support award of the CIB.
ARMY | BCMR | CY2003 | 2003083460C070212
The applicant states, in effect, that his separation document (DD Form 214) does not show 11B (Infantryman) as his secondary MOS and the CIB as an authorized award. The evidence of record shows that the applicant served in the RVN from 30 November 1967 to 28 May 1968. In view of the foregoing, the applicant’s records should be corrected as recommended below.
ARMY | BCMR | CY2009 | 20090016048
Application for correction of military records (with supporting documents provided, if any). The evidence of record does not show that the applicant held an infantry MOS or that he was assigned or attached to an infantry unit while he was in the RVN; Other than the orders he provided the National Personnel Records Center, there is no evidence of record to show he met the eligibility criteria for award of the CIB. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2009 | 20090008434
IN THE CASE OF: BOARD DATE: 14 OCTOBER 2009 DOCKET NUMBER: AR20090008434 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record confirms the applicant served in C Company, 1st Battalion, 12th Cavalry Regiment during the period 15 January through 2 November 1971, and that his unit was awarded the VUA for a period (23 September through 25 October 1971) during the applicant's tenure of assignment. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130012186
The applicant requests correction of his DA Form 20 (Enlisted Qualification Record) and a review of the letter from the National Personnel Records Center (NPRC), dated 20 May 2013; his DD Form 214 (Report of Transfer of Discharge); and his DD Form 215 (Correction to DD Form 214). His DA Form 20 is incorrect in the following particulars: (1) item 22 (Military Occupational Specialties) showing the date, 18 April 1969, associated with his secondary military occupational specialty (MOS) 11C...
ARMY | BCMR | CY2011 | 20110018380
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Purple Heart. The evidence of record shows he was assigned to an infantry unit during his service in the RVN and the Purple Heart he was awarded for a fragment wound he sustained to his right leg strongly supports his having been...
ARMY | BCMR | CY2012 | 20120007005
The applicant requests the Purple Heart (PH) he earned be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 22 August 1967 through 27 April 1969, and by adding this award to his record and DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2012 | 20120005731
He provides the following: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Human Resources Command (HRC) letter, dated 14 June 2011 * CIB certificate, dated 10 February 1970 * Enlistment Contract, dated 30 June 1969 * DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a qualified period of active duty...
ARMY | BCMR | CY2009 | 20090015751
Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. The applicant's request that his DD Form 214 be corrected to show the award of the Combat Infantryman Badge is supported by the evidence. Additionally, the DD Form 214 should be amended by deleting the Vietnam Service Medal and adding the following: * Combat Infantryman Badge * Army...