IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003679
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.
2. The applicant states:
* he went to Vietnam in 1965 on orders to the U.S. Military Assistance Command-Vietnam assigned to a special forces team in Kontum City
* he participated in many operations and drew hostile fire pay
* he spent 5 days in Plei Me in October 1965 while the base was under siege
* he supported the special forces team as a security detail in Plei Me
* he drove a vehicle from Quin to Pleiku that came under fire in the An Khe Pass and he returned fire with a .30-caliber machine gun
* he supervised perimeter security at zone headquarters in Kontum in support of the 155-millimeter howitzers firing and he fired on many occasions
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and photographs.
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 records show he enlisted in the Regular Army on 21 July 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served in Vietnam as a security guard with the U.S. Military Assistance Command-Vietnam from on or about 9 May 1965 to on or about 4 May 1966.
4. He was honorably released from active duty on 20 July 1967 and was transferred to the U.S. Army Reserve Control Group (Annual Training).
5. His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. There are no special orders that show he was awarded the Combat Infantryman Badge.
7. He provides several photographs of Soldiers.
8. 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. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.
9. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."
DISCUSSION AND CONCLUSIONS:
1. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
2. The applicant's sincerity and service in Vietnam in an infantry MOS is not in question. However, there is no evidence in the available records and he did not submit substantiating evidence that shows 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. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.
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) AR20120003679
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003679
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019078
There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. The evidence of record shows the applicant was wounded in action in the RVN on 10 June 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the RVN while assigned to...
ARMY | BCMR | CY2015 | 20150000839
In the absence of orders to show he was awarded the Army Commendation Medal, there is insufficient evidence to correct his DD Form 214 to show this award. While the applicant's service in Vietnam in an infantry MOS is not in question, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2013 | 20130014294
There is no evidence of record and he did not provide sufficient evidence showing he served in an infantry unit and personally participated in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam. To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regiment, or smaller size and he must have served in...
ARMY | BCMR | CY2013 | 20130010410
The applicant states the Combat Infantryman Badge should be added to his records. His citation for the award of the Army Commendation Medal with "V" Device clearly shows he was personally present and under hostile fire while serving as a machine gunner in an infantry company actively engaged in ground combat with the enemy. 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 with an effective date of...
ARMY | BCMR | CY2011 | 20110006626
Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Parachutist Badge, and the Combat Infantryman Badge. Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly. With respect to the Bronze Star Medal with "V" Device, his...
ARMY | BCMR | CY2014 | 20140012979
By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board...
ARMY | BCMR | CY2011 | 20110008557
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards, ribbons, and medals he received including, but not limited to, the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, Sharpshooter Marksmanship...
ARMY | BCMR | CY2013 | 20130020324
The applicant provides: * Letter from the Assistant Division Commander * General Orders (GO) Number 5425, Bronze Star Medal with "V" Device CONSIDERATION OF EVIDENCE: 1. His award of the Bronze Star Medal with "V" Device clearly shows he was personally present and an active participant when his infantry unit actively engaged the enemy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Combat Infantryman...
ARMY | BCMR | CY2011 | 20110015287
The applicant's military record contains a DD Form 398 (Statement of Personal History), dated 14 August 1966, which shows the seventh digit of his SSN as "5." There is no evidence of record and the applicant did not provide any evidence that he was awarded the Combat Infantryman Badge while serving in Vietnam. Army Regulation 600-8-22 also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
ARMY | BCMR | CY2010 | 20100027499
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. With respect to the award of the Combat Infantryman Badge, his infantry MOS and his assignment to an infantry unit during 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...