IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110022885
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 the Combat Infantryman Badge be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 April 1970.
2. The applicant states he received orders for the Combat Infantryman Badge when he came home from Vietnam, but he cannot find them. Due to his leaving Vietnam early, orders for the Combat Infantryman Badge were not cut
in-country.
3. The applicant provides no additional evidence in support of his application.
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. He enlisted in the Regular Army on 16 September 1968 for a period of
3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).
3. He served in the Republic of Vietnam from 30 September 1969 to 31 March 1970. He was assigned the duties of a squad leader while assigned to:
* Troop E, 17th Cavalry, 173rd Airborne Brigade from 3 October 1969 to
2 January 1970
* Company C, 1st Battalion (Airborne), 503rd Infantry from 3 January to
31 March 1970
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.
5. There are no orders in his military personnel records jacket (MPRJ) awarding him the Combat Infantryman Badge.
6. On 1 April 1970, he was released from active duty by reason of hardship. He completed 1 year, 6 months, and 16 days of active service that was characterized as honorable.
7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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 Regulation 672-1 (Decorations and Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. He held MOS 11D and was assigned the duties of squad leader while he was assigned to an infantry company in the Republic of Vietnam. However, there is no evidence of record and he did not submit any substantive evidence that shows he served in active ground combat while assigned to this company.
3. In view of the foregoing, there is an insufficient evidentiary basis for awarding him the Combat Infantryman Badge in this case.
4. The applicant and all others concerned should know that this action in no way diminishes 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.
_______ _ 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) AR20110022885
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022885
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013226
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013339, on 2 February 2010. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned...
ARMY | BCMR | CY2006 | 20060015606C071029
To be awarded the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit. While there is evidence the applicant served in the MOS 11C, an infantry MOS, there is no evidence he held an infantry MOS and that he was ever assigned or attached to an infantry unit of...
ARMY | BCMR | CY2009 | 20090017635
His personnel records do not contain orders which show he was awarded the CIB. The evidence of record shows the applicant was awarded MOS 11B and served in this MOS while performing the duties of a squad leader with the 173rd Airborne Brigade during his tour in Vietnam. _______ _ __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 | CY2009 | 20090004124
Additionally, the regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met." The applicant states he should be awarded the Combat Infantryman Badge...
ARMY | BCMR | CY2010 | 20100011982
Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry Soldiers. c. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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 him the Combat Infantryman Badge; b....
ARMY | BCMR | CY2010 | 20100016594
IN THE CASE OF: BOARD DATE: 29 December 2010 DOCKET NUMBER: AR20100016594 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his award of the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, there is insufficient evidence to award the applicant the Combat Infantryman Badge.
ARMY | BCMR | CY2012 | 20120019922
The DD Form 214 he was issued for this period of service does not show the Combat Infantryman Badge and his record is void of orders awarding him the Combat Infantryman Badge. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding...
ARMY | BCMR | CY2015 | 20150000492
IN THE CASE OF: BOARD DATE: 15 September 2015 DOCKET NUMBER: AR20150000492 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140005241, on 12 November 2014. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era...
ARMY | BCMR | CY2010 | 20100030268
The applicant states his DD Form 214 does not show his Combat Infantryman Badge. The Combat Infantryman Badge is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he was recommended for or awarded the Combat Infantryman Badge during his active duty tenure. As a result, there is insufficient evidence to support award of the...
ARMY | BCMR | CY2014 | 20140016692
His DA Form 2-1 (Personnel Qualification Record) for his Guard service shows in Item 6 (Military Occupational Specialties) MOS 11B. However, he was informed by the battalion commander that he was assigned to the unit for service in his secondary MOS 11B. However, MAJ MJM does not indicate why he, as his platoon leader, did not recommend the applicant for the award of the Combat Infantryman Badge at the time prior to his departure from Company E. 5.