BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004206
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 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 the award was left off his DD Form 214 and it should be added due to his service in Con Tom, Vietnam.
3. The applicant provides a Department of Veterans Affairs (VA) Rating Decision, dated 18 December 1996.
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 24 August 1966 and he was awarded military occupational specialty 45J (Aircraft Armament Repairman) upon completion of training.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. he served in the Vietnam from 30 September 1967 to 3 June 1969;
b. during his tour of duty in Vietnam he was assigned to the 180th Assault Support Helicopter Company with duties as an aircraft armament repairman; and
c. item 41 (Awards and Decorations) does not show award of the CIB.
4. He was honorably released from active duty on 4 June 1969.
5. There are no official orders in his records that show award of the CIB.
6. He provides a VA Rating Decision memorandum which shows his disability determination of service connection for fragment wounds and immune system disease due to Agent Orange exposure was deferred awaiting service medical records, military personnel records, and documentation of continuous treatment since his discharge for these claimed disabilities. It further stated that he received the CIB but not the Purple Heart.
7. 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. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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:
1. The evidence of record shows he performed the duties of an aircraft armament repairman and was not assigned to an infantry unit during his tour of duty in Vietnam. By regulation, in order to support award of the CIB, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit while it was engaged in active ground combat with enemy forces. He does not meet the eligibility criteria for award of the CIB.
2. Although the VA Rating Decision provided by the applicant states he was awarded the CIB it also clearly states that his medical and personnel records were not available for review; therefore, it must be presumed that the applicant self-reported the award of the CIB for which there is no available evidence to corroborate this award.
3. In view of the above, his request should be denied.
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) AR20130004206
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130004206
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021990
The evidence of record confirms the applicant was awarded the AGCM (1st Award) for his qualifying period of honorable service from 28 May 1965 to 27 May 1968. The evidence of record in this case confirms that although the applicant served in duty MOS 11B during his RVN tour, he never held an infantry MOS. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (2nd Award) for his...
ARMY | BCMR | CY2008 | 20080001548
The applicant requests correction of his records as follows: a. award of the Combat Infantryman Badge; b. correction of his DD Form 214 (Report of Separation from Active Duty), to show award of the Army Commendation Medal; c. correction of his DD Form 214 to show membership in the 7th Squadron, 17th Cavalry; and d. correction of his DA Form 20 (Enlisted Qualification Record) to show he performed duties of door gunner during his service in Vietnam. c. DD Form 214, dated 24 November 1975. d....
ARMY | BCMR | CY2011 | 20110023284
The applicant states that he earned the CIB and the Aircraft Crew Member Badge because he flew in a CH-47 over 5 months as a gunner. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 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. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.
ARMY | BCMR | CY2008 | 20080007265
The evidence of record shows that the applicant served in the Republic of Vietnam from 2 September 1967 to 17 July 1968 and was assigned to an infantry unit of brigade, regimental, or smaller size (Company C, 1st Battalion, 5th Infantry); however, he held a vehicle mechanic MOS. The evidence of record also shows that the applicant completed another period of service in the Republic of Vietnam as an infantryman from 4 June 1970 to 18 September 1970 (when he departed on leave), and was...
ARMY | BCMR | CY2013 | 20130002760
The applicant requests: a. award of the Combat Infantryman Badge (CIB) and "Wings" (correctly known as the Aircraft Crew Member Badge during the Vietnam era and currently known as the Aviation Badge); and b. the issuance of the Republic of Vietnam Campaign Medal and Vietnam Service Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge. There is no evidence of record which shows he served in...
ARMY | BCMR | CY2010 | 20100012479
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB) and the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry and warrant officers and enlisted personnel who have an infantry MOS. The applicant contends he deserves award of the CIB for serving as a radio operator in Vietnam and the Purple Heart as a...
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 | 20070011173
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2007 DOCKET NUMBER: AR20070011173 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. There is also no evidence to show that while the applicant was assigned in Vietnam he served in an infantry MOS, in an infantry unit, in active ground combat. United States Army Republic of Vietnam Regulation No...
ARMY | BCMR | CY2001 | 2001065430C070421
The applicant requests that his Report of Separation, WD AGO Form 53-55, be amended to add the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM) (based upon award of the CIB), and four arrowheads. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Combat Infantryman Badge and the Bronze Star Medal. That the applicant’s WD AGO Form 53-55 be amended to indicate assault landing credit after the Sicily and Southern France...
ARMY | BCMR | CY2009 | 20090018518
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB). The available evidence does not show he was awarded the CIB. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such...