Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120004912
Original file (20120004912.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120004912 


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 (CIB).

2.  The applicant states he should have been awarded the CIB based his combat action in Vietnam and his military occupational specialty (MOS).

3.  The applicant provides:

* page 3 of his DA Form 20 (Enlisted Qualification Record)
* Internet printout pertaining to the history of the 82nd Airborne Division (Vietnam) Golden Brigade
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 was inducted into the Army of the United States on 11 May 1966.  He was awarded MOS 11B (light weapons infantryman).  His DA Form 20 shows he served in MOS 11B while assigned to Company B, 2nd Battalion, 505th Infantry, 82nd Airborne Division, in Vietnam from 14 February 1968 to 15 April 1968.  On 25 April 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 does not show the CIB as an authorized award.

4.  There are no orders for the CIB in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CIB.

6.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.

7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was 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 officers, enlisted personnel, and warrant officers who held 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.  

DISCUSSION AND CONCLUSIONS:

The evidence shows he held and served in an infantry MOS while assigned to an infantry company for 2 months in Vietnam.  However, there is no evidence of record that shows he served in active ground combat.  Therefore, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120004912



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004912



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016888

    Original file (20140016888.txt) Auto-classification: Approved

    The applicant requests award of the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. Records show he participated in two campaigns during his service in the Republic of Vietnam; therefore,...

  • ARMY | BCMR | CY2008 | 20080015687

    Original file (20080015687.txt) Auto-classification: Denied

    Item 41 (Awards and Decorations) of this same document had an entry which showed that he was awarded the CIB, but this entry, which did not contain an authority for awarding the CIB, was also struck through. There is no evidence that he performed duties in MOS 11 on his DA Form 20. Further, although he provides pictures from his service in the RVN, these pictures do not conclusively show that he was performing infantryman duties or that he was actively engaged in combat against the enemy.

  • ARMY | BCMR | CY2011 | 20110019597

    Original file (20110019597.txt) Auto-classification: Denied

    There are no orders for the CIB in the available records. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. The evidence shows he was an infantryman in an infantry unit during his assignments in the Dominican Republic and Vietnam.

  • ARMY | BCMR | CY2010 | 20100025250

    Original file (20100025250.txt) Auto-classification: Denied

    His DA Form 20 (Enlisted Qualification Record) shows in: * Item 22 (MOSs) – he was awarded MOS 84B2O on 17 May 1968 * Item 38 (Record of Assignments) – he was assigned to the 45th Public Information Detachment, 3rd Brigade, 82nd Airborne Division in Vietnam on 24 January 1969 as a combat photographer in duty MOS 84B2O; doesn’t show he served as an infantryman or held an infantry MOS * Item 41 (Awards and Decorations) – doesn’t list award of the CIB 4. The evidence of record shows he served...

  • ARMY | BCMR | CY2011 | 20110001149

    Original file (20110001149.txt) Auto-classification: Denied

    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 | 20110010812

    Original file (20110010812.txt) Auto-classification: Approved

    He provides the following: * Self-authored statement * Headquarters, 3rd Brigade, 82nd Airborne Division, Operational Report, dated 12 May 1968 * Self-authored statement to the Department of Veterans Affairs (VA), dated 29 August 2009 * History of the 3rd Brigade * Six letters to his spouse * "Vet Center Intake" 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 Army Board for...

  • ARMY | BCMR | CY2008 | 20080009593

    Original file (20080009593.txt) Auto-classification: Denied

    There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations). There are also no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge. Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties, that he was assigned or attached to...

  • ARMY | BCMR | CY2008 | 20080008114

    Original file (20080008114.txt) Auto-classification: Denied

    The applicant states, in effect, that while serving in the Republic of Vietnam (RVN) he was assigned to a unit as an infantryman and performed the duties of an infantryman. There are no orders in his official record showing he was awarded the CIB. The evidence in the official record shows the applicant held MOS 94B and performed duties as a cook while in the RVN.

  • ARMY | BCMR | CY2008 | 20080015365

    Original file (20080015365.txt) Auto-classification: Denied

    The applicant requests that his records be corrected to reflect that he served as a combat infantryman in Vietnam and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, that during his first 4 months in Vietnam he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the...

  • ARMY | BCMR | CY2009 | 20090002163

    Original file (20090002163.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 28 May 1971 to show the Combat Infantryman Badge, the Combat Medical Badge, and the "Helicopter Crewman's Badge" [correctly known as the Aircraft Crewman Badge]. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. Therefore, there is insufficient evidence on which to base award of the Combat Medical Badge in this case.