BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012823
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 correction of his record and 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 states he was awarded the CIB before he left the Republic of Vietnam (RVN). He states he performed combat service with the 173rd Infantry Brigade.
3. The applicant provides a self-authored letter and 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 was inducted into the Army of the United States on 24 October 1966. Item 22 (Military Occupational Specialties (MOS)) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11E (Armor Crewman) on 24 March 1967. Item 22 shows award of no other primary, secondary, or additional MOS during the applicant's active duty tenure.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the RVN from 21 January to 16 October 1968. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Battery A, 1st Battalion, 92nd Artillery Regiment, performing duties in MOS 13A as a cannoneer from 2 February to 1 June 1968 and to Company A, 1st Battalion, 50th Infantry Regiment, 173rd Airborne Brigade, performing duties in MOS 11E as a flame thrower from 2 June to 14 October 1968.
4. The applicant's Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating the applicant was ever awarded or served in an infantry MOS while in the RVN or that he was ever recommended for or awarded the CIB by proper authority while serving in the RVN.
5. On 17 October 1968, the applicant was honorably released from active duty in the rank/grade of specialist four/E-4 after completing 1 year, 11 months, and 24 days of active military service.
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. Additionally, appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to add award of the CIB to DD Form 214 has been carefully considered. However, there is insufficient evidence to support this request.
2. By regulation, in order to be awarded the CIB there must be evidence that an individual held and served in an infantry MOS, that he served in a qualifying infantry unit, and that he was present and participated with the qualifying infantry unit while the unit was actively engaged in ground combat with enemy forces. Campaign or battle credit alone is not sufficient for award of the CIB.
3. The evidence of record confirms the applicant held and served in MOS 11E which was not considered a qualifying infantry MOS for CIB purposes by the governing USARV regulation. Further, the record is void of any orders or other documents showing the applicant was ever recommended for or awarded the CIB by proper authority while serving in the RVN. As a result, the available evidence is not sufficient to add the CIB to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The applicant and all others concerned should know this action related to award of the CIB 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.
___________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) AR20120012823
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120012823
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007790
Application for correction of military records (with supporting documents provided, if any). However, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active duty service. Notwithstanding his sincerity and the apparent issuance of the CIB (1st Award) to him by TACOM, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground...
ARMY | BCMR | CY2007 | 20070011696C080407
The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate he ever held or served in an infantry MOS, or that shows he was ever assigned to an infantry unit of brigade, regimental or smaller size while serving in the RVN. Combat service alone does not support award of the CIB. In this case, the evidence of record confirms the applicant held and served in a signal MOS in a signal unit while serving in the RVN.
ARMY | BCMR | CY2005 | 20050001792C070206
The applicant states, in effect, unlike other members of his unit, he never received the CIB and BSM for his tour in the Republic of Vietnam (RVN). This awards, as with all individual awards must be requested on a Recommendation for Award (DA Form 638, and must be approved by the proper award authority. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2005 | 20050001792C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 November 2005 DOCKET NUMBER: AR20050001792 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, unlike other members of his unit, he never received the CIB and BSM for his tour in the Republic of Vietnam (RVN). This awards, as with all individual awards must be requested on a...
ARMY | BCMR | CY2008 | 20080002652
The applicant's Military Personnel Records Jacket (MPRJ) contains no orders or other documents that show the applicant was ever awarded, held, or served in an infantry MOS, or that he was awarded the CIB or AM by proper authority while serving in the RVN. The evidence of record also fails to show that the applicant served as a crewmember or non-crewmember on flight status during his tenure of assignment in the RVN, or that he completed the number of air missions necessary to qualify for...
ARMY | BCMR | CY2007 | 20070012635C080407
Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour, he was assigned to Company C, 4th Engineer Battalion, performing duties in MOS 12B as a combat engineer. Item 41 (Awards and Decorations) does not include the CIB in the list of awards it contains. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
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 | CY2008 | 20080016028
The Board further determined that the applicant was not awarded SMOS 11F until 13 October 1969, subsequent to his RVN service, and that his record failed to show he was ever recommended for or awarded the CIB or BSM with V Device for Valor. The applicant's record is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB or BSM by proper authority while serving on active duty. The evidence of record is void of any orders or other documents that...
ARMY | BCMR | CY2009 | 20090004019
IN THE CASE OF: BOARD DATE: 18 June 2009 DOCKET NUMBER: AR20090004019 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Combat service alone did not support award of the CIB. The evidence of record in this case confirms that although the applicant served in a qualifying unit while serving in the RVN, he did not hold and serve in an infantry MOS.
ARMY | BCMR | CY2011 | 20110011953
The applicant contends he should have been awarded the PH and CIB for his service in the RVN. The evidence clearly shows that the applicant was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. ___________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.