IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120004277
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 reconsideration of his earlier request to correct his social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and to show award of the Combat Infantryman Badge (CIB).
2. The applicant states his previous Board Proceedings continue to show an incorrect SSN. In addition, he states he was awarded the CIB in Oakland, CA, after he departed the Republic of Vietnam on emergency leave to be with his dying mother in the hospital. He believes the rushed process of his emergency leave contributed to the CIB not being properly documented; however, the badge being in his possession is evidence of the award.
3. The applicant provides:
* Self-authored statement
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20110010494, on 3 November 2011.
2. A review of the applicants Record of Proceedings for Docket Number AR20110010494, dated 3 November 2011, fails to show an error by the Board with regard to the applicants request to change his SSN. It appears a pen and ink correction was made to the proceedings which may or may not have been received by the applicant. Regardless, the applicants DD Form 215 clearly shows his SSN was corrected as a result of receiving his requested relief from the Board; therefore, this issue will not be further addressed in these proceedings. A copy of the DD Form 215 will again be provided to the applicant.
3. The applicant submitted an argument with regard to award of the CIB which was not previously considered by the Board; therefore, this is considered new evidence which warrants consideration by the Board.
4. The applicant was inducted into the Army of the United States on 18 June 1969. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 13 December 1969 to 30 January 1970. Item 38 (Record of Assignments) shows he was assigned to Company A, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.
6. His service records do not contain orders awarding him the CIB. Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB.
7. On 6 February 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual) to complete his remaining service obligation. His DD Form 214 does not show award of the CIB.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim of entitlement to the CIB was carefully reconsidered. However, the available evidence does not support the applicant's request for correction of his DD Form 214 to show award of the CIB.
2. The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental or smaller size during his brief tour in the Republic of Vietnam. However, the evidence fails to show he served in active ground combat during this period of service. Without such evidence, there is an insufficient basis for correcting his DD Form 214 to show award of the CIB.
3. Despite the applicants claim that he received the badge upon redeployment, unfortunately, the badge and many other awards and decorations are available for purchase through various retailers. Therefore, in the absence of orders or other compelling evidence, his argument alone is not a valid reason for correcting his DD Form 214 to show award of the CIB.
4. Notwithstanding the applicant's service and sincerity the criteria for award of the CIB has not been satisfied in this case.
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 to amend the decision of the ABCMR set forth in Docket Number AR20110010494, dated 3 November 2011.
_______ _ __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) AR20120004277
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004277
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120002563
Application for correction of military records (with supporting documents provided, if any). 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). The evidence or record confirms the applicant held and served in an MP MOS throughout his tenure on active duty.
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 | CY2010 | 20100017753
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 | 20100025567
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank and grade as sergeant (SGT)/E-5, award of the Combat Infantryman Badge (CIB), and his correct social security number (SSN). The applicant provides: * his DD Form 214 for the period ending 22 November 1966 * a DA Form 20 (Enlisted Qualification Record) last audited on 26 September 1968 * a self-authored email to his Congressman * three self-authored...
ARMY | BCMR | CY2012 | 20120022847
His DD Form 214 does not show the CIB listed among his awards. DISCUSSION AND CONCLUSIONS: The available evidence clearly shows the applicant was awarded an infantryman MOS; however, there is no evidence to show he engaged in active ground combat while assigned or attached to an infantry unit. Therefore, there is insufficient evidence to support award of the CIB in this case.
ARMY | BCMR | CY2011 | 20120000723
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. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 6 December 1971 to show this unit award. As a result, the Board recommends that all Department of the Army records of...
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 | CY2009 | 20090003926
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). There is no evidence to show what subordinate unit of the 11th ACR the applicant was assigned to. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2009 | 20090000979
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Bronze Star Medal and Combat Infantryman Badge (CIB). Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2012 | 20120005099
Application for correction of military records (with supporting documents provided, if any). He also requests correction of his DD Form 214 to show award of the Purple Heart and the Combat Infantryman Badge (CIB) during his service in the Republic of Vietnam (RVN). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his DD...