IN THE CASE OF:
BOARD DATE: 11 April 2013
DOCKET NUMBER: AR20120017195
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 served in Vietnam (1968) for 4 months and 19 days in combat and was never awarded the CIB. He served with Company C, 2nd Battalion, 8th Cavalry. His military occupational specialty (MOS) was 11B (Light Weapons Infantryman). He believes he should have been awarded the CIB. He left Vietnam because his child was stillborn and his wife was not expected to live. He did not return to Vietnam.
3. He provides:
* DA Form 20 (Enlisted Qualification Record), page 3
* 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 applicants 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 applicants 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 November 1967. He completed training and was awarded MOS 11B.
3. He served in Vietnam from 13 May 1968 through 2 October 1968. He was assigned to Company C, 2nd Battalion, 8th Cavalry.
4. He was honorably released from active duty on 21 November 1969, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
5. Item 41 (Awards and Decorations) of his DA Form 20 does not list CIB.
6. There are no orders in his records authorizing him award of the CIB.
7. 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.
8. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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 and 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."
DISCUSSION AND CONCLUSIONS:
1. The applicant's service in Vietnam in an infantry MOS is not in question. However, there is no evidence in his military personnel records and he did not submit sufficient evidence that shows he was personally present while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy and awarded the CIB.
2. His request for award of the CIB was carefully considered. However, the CIB is not automatically awarded to a Soldier for being shot at or for undergoing the hazards of day-to-day combat. Lacking sufficient evidence as required by the governing regulation, he is not entitled to award of the CIB and its addition to his DD Form 214.
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 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) AR20120017195
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120017195
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010806
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 1 August 1969, to show award of the Combat Infantryman Badge (CIB) and the Letter of Commendation that he provided. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the CIB to Army forces operating in South Vietnam. It is not a basis for award of the CIB.
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 | 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 | CY2012 | 20120005358
Counsel, Constituent Services, Office of Congressman C____ C____ of Minnesota, states: * the applicant was awarded the CIB while assigned to a cavalry unit serving in the Republic of Vietnam * there was no discussion or conclusion related to a photograph he submitted showing the CIB on his fatigue uniform * a reasonable conclusion would be that a young Soldier serving in Vietnam for more than a year while assigned to a cavalry unit as a light weapons infantryman would be engaged in combat...
ARMY | BCMR | CY2010 | 20100017106
There are no orders in his records that show he was awarded the CIB. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he was assigned to an infantry unit or that he was an active participant in ground combat while assigned to an infantry unit. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any...
ARMY | BCMR | CY2008 | 20080006782
During its original review of the case, the Board found no evidence of record that showed the applicant served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size, and as a result, concluded there was insufficient evidence to support award of the CIB. Further, the evidence provided by the applicant places him with his qualifying infantry unit while it was engaged in active ground combat with enemy forces in the RVN. As a result, the...
ARMY | BCMR | CY2010 | 20100023880
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB) and Air Medal (AM) (6th Award) and with "V" Device. The available evidence of record fails to show the applicant was awarded the CIB. Although the applicant's DD Form 214 shows the AM (5th OLC), there is no evidence of record and he has provided none to show he was awarded the AM (6th Award) and with "V" Device.
ARMY | BCMR | CY2013 | 20130005317
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam (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.
ARMY | BCMR | CY2009 | 20090015595
There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge. His DA Form 20, item 41 (Awards and Decorations), contains no entry showing he was awarded the Combat Infantryman Badge. There is no evidence to show that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam.
ARMY | BCMR | CY2009 | 20090004176
There is no evidence in the applicant's records which shows he was awarded or recommended for the CIB. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground...