IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120002706
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 issuance of a DD Form 215 (Correction to DD Form 214 (Armed Forces of United States Report of Transfer or Discharge)) to show the Combat Infantryman Badge (CIB).
2. He states he received the CIB in Vietnam, but his DD Form 214 does not reflect this award.
3. He provides a copy of his DD Form 214.
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. He enlisted in the Regular Army on 2 January 1969. After completion of training, he served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from August 1970 to August 1971. He was assigned to 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, and performed duties in MOS 11C during his entire tour of duty.
4. His record contains a DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice) which shows he accepted nonjudicial punishment (NJP) on 27 March 1971 for being absent without leave (AWOL) from 16 to 26 March 1971 while serving in Vietnam. The applicant signed this form indicating he did not appeal the punishment or the offense.
5. There is no indication in the available record he was recommended for or awarded the CIB.
6. He was honorably released from active duty on 5 August 1971.
7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman. The CIB is 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." This regulation also stated the CIB 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 or attached to an infantry unit of brigade, regimental, or smaller size.
8. Army Regulation 600-8-22 (Military Awards) states the definition of the requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB. It further states the 1943 War Department Circular required infantrymen to demonstrate "satisfactory performance of duty in action against the enemy."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he received the CIB while serving in Vietnam and requests correction of his records by adding this award. His record is void of evidence and he has not provided any to show he was recommended for or awarded the CIB at any time.
2. Furthermore, U.S. Army Vietnam Regulation 672-1 specifically stated award of the CIB identified the man who trained, lived, and fought as an infantryman. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."
3. Although the available evidence shows he was assigned to an infantry unit and performed duties in MOS 11C while serving in Vietnam, his record contains a DA Form 2627-1 which indicates he was administered NJP for being AWOL during his tour of duty. He exercised poor judgment in that his proper place of duty was with his unit.
4. In view of the foregoing and without orders showing he was awarded the CIB, he is not entitled to 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) AR20120002706
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120002706
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110001149
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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. There is no evidence of record which shows he was an infantryman who served in active ground combat while assigned to an infantry unit of brigade or smaller size in Vietnam. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2011 | 20110012983
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) 2. The applicant's infantry MOS and/or his service in Vietnam are not in question. 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...
ARMY | BCMR | CY2008 | 20080017351
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). The applicant's records show that he served in the Republic of Vietnam from 21 August 1971 to 21 April 1972. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.
ARMY | BCMR | CY2009 | 20090020234
The applicant requests award of the Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. In the absence of evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2012 | 20120003575
The applicant states: * His CIB is not present on his DD Form 214 * His personnel file proves where he was and what he did in Vietnam 3. The applicant provides: * Service personnel records * DD Form 214 (Report of Separation from Active Duty) for the period ending 26 April 1976 CONSIDERATION OF EVIDENCE: 1. _______ _ _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 | CY2010 | 20100029358
IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100029358 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB). The applicant states he served with the 17th Cavalry, 173rd Airborne Brigade in the Republic of Vietnam and he should have been awarded the CIB.
ARMY | BCMR | CY2011 | 20110003096
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The evidence of record fails to show the applicant was awarded the CIB.
ARMY | BCMR | CY2008 | 20080005811
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. The evidence of record shows that the applicant was awarded an infantry MOS; however, there is no evidence that the applicant was assigned to an infantry unit of brigade, regiment, or smaller size, and the applicant did not provide any evidence showing that he was directly involved in ground combat. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit,...
ARMY | BCMR | CY2011 | 20110020197
However, the evidence of record shows he held an administrative MOS and served with his infantry battalion as a clerk typist. There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS or that he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. Regretfully, in the absence of conclusive evidence that the applicant held...
ARMY | BCMR | CY2011 | 20110012622
The applicant states he should be considered for the CIB: * for serving in Vietnam during the period 15 October 1970 through 11 February 1971 * it was never awarded nor recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 3. 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...