Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120002563
Original file (20120002563.txt) Auto-classification: Denied

		
		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002563 


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 Social Security Number (SSN) in item 3 (Social Security Number) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected and that he be awarded the Combat Infantryman Badge (CIB).  

2.  The applicant states the SSN on his DD Form 214 is incorrect.  He also states he engaged in combat in the Republic of Vietnam (RVN) on 16 February 1972 with his Military Police (MP) unit.  

3.  The applicant provides an SSN card and a 12 April 1972 letter in which he requested correction of his DD Form 214 in support of his request.  

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 record contains a DD  Form 215 (Correction to DD Form 214) issued by The Adjutant General that corrected the SSN on his  DD Form 214 in response to his 12 April 1972 request.  Therefore, since an administrative correction to the SSN has on his DD Form 214 has been accomplished, this issue will not be addressed further in this Record of Proceedings.  A copy of the DD Form 215 will be provided the applicant for his information and use. 

3.  The applicant's record shows he was inducted into the Army on 17 March 1971, and was trained in and awarded military occupational specialty (MOS) 95B (Military Policeman).  He was advanced to specialist four/E-4 (SP4/E-4), the highest grade he held on active duty, on 17 January 1972.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 11 August 1971 to 4 April 1972.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 557th MP Company from 12 August 1971 through 7 March 1972 and to Company C, 720th MP Battalion from 8 March through 4 April 1972.  In both units he performed duties in MOS 95B as an MP and senior MP.  There is no indication that the applicant served as an infantryman or in an infantry unit while on active duty.  Item 41 (Awards and Decorations) does not include the CIB.  

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  
 
6.  On 8 April 1972, the applicant was honorably released from active duty (REFRAD), in the rank of SP4/E-4, after completing 1 year and 22 days of active military service.  The CIB is not included in the list of earned awards on the 
DD Form 214.  

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Chapter 8 contains guidance on award of badges and tabs of United States origin.  Paragraph 8-6 contains guidance on award of the CIB.  It states the three basic requirements for the CIB are that the member be an infantryman satisfactorily performing infantry duties; be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and  actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the CIB has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

3.  The evidence or record confirms the applicant held and served in an MP MOS throughout his tenure on active duty.  If further confirms that during his RVN tour he served in MP units as an MP.  There is no evidence of record indicating he ever held or served in an infantry MOS or in a qualifying infantry unit.  As a result, he did not satisfy the regulatory criteria necessary to support award of the CIB.  

4.  The applicant and all others concerned should know this action related to award of the BSM in no way diminishes the sacrifices made by him 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)                                         AR20120002563



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120002563



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090004719

    Original file (20090004719.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His record is void of any orders or other documents that indicate he ever served in his primary MOS of 11B in an infantry unit, or that he was ever recommended for or awarded the CIB by proper authority while serving in the RVN. As a result, although he held the primary MOS 11B, the evidence of record confirms he served in MOS 95B in an MP unit while serving in the RVN.

  • ARMY | BCMR | CY2011 | 20110014144

    Original file (20110014144.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge (CIB). U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers...

  • ARMY | BCMR | CY2012 | 20120008275

    Original file (20120008275.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). By regulation, in order to be awarded the CIB there must be evidence that an individual held and served in an infantry MOS.

  • ARMY | BCMR | CY2010 | 20100017753

    Original file (20100017753.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB), correction of his social security number (SSN), and that all awards to which he is eligible be added to his record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the MUC and RVN Gallantry Cross with Palm Unit Citation to DD Form 214.

  • ARMY | BCMR | CY2010 | 20100024738

    Original file (20100024738.txt) Auto-classification: Denied

    He was honorably released from active duty on 15 July 1991 to the control of his ARNG unit. With respect to his service in Korea, the evidence of record shows the applicant served in Korea as a rifleman to Company A, 2nd Battalion, 8th Cavalry from 22 May 1964 to 25 June 1965. Therefore, there is insufficient evidence to support awarding him the CIB for this period of service.

  • ARMY | BCMR | CY2011 | 20110023913

    Original file (20110023913.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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. 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...

  • ARMY | BCMR | CY2010 | 20100029045

    Original file (20100029045.txt) Auto-classification: Approved

    As a new issue, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea and award of the Expert Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars. Item 38 (Record of Assignments) shows he served as an MP throughout his military service. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.

  • ARMY | BCMR | CY2008 | 20080010309

    Original file (20080010309.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, award of the Combat Infantryman Badge (CIB) and Door Gunner (Rifle) and Helicopter Gunner Badges (sic). Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit...

  • ARMY | BCMR | CY2010 | 20100015814

    Original file (20100015814.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge (CIB). U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB for service in Vietnam. The applicant's record is void of any orders or other documents indicating that the applicant was ever recommended for or awarded the CIB by proper authority while serving on active duty, and the CIB is not included in the list of awards contained on his DA Form 20 or DD Form 214.

  • ARMY | BCMR | CY2012 | 20120005731

    Original file (20120005731.txt) Auto-classification: Approved

    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...