IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008292
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, in effect, while assigned to 1st Battalion, 506th Infantry, he served as an infantryman in combat from 1970 through 1971. It is an error that his DD Form 214 does not show the CIB.
3. The applicant provides his DD Form 214.
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. On 19 May 1970, he was inducted into the Army of the United States. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was advanced to the rank of specialist four/pay grade E-4.
3. His DA Form 20 shows in:
a. item 31 (Foreign Service) he was credited with service in Vietnam from 26 October 1970 to 25 October 1971;
b. item 38 (Record of Assignments) during his service in Vietnam he was assigned to:
* Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry, from 10-22 November 1970 in duty MOS 11B with principal duties as a rifleman
* Company B, 1st Battalion (Airmobile), 506th Infantry, from
23 November 1970 to 20 October 1971 in duty MOS 11B with principal duties as a rifleman
4. On 2 December 1971, he was honorably released from active duty as an early release overseas returnee after completing 1 year, 6 months, and 14 days of active service. His DD Form 214 does not show the CIB.
5. His record is void of documentation showing he served in active ground combat or received any decorations for valor or gallantry in combat action during his service in the Republic of Vietnam.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he served in combat as an infantryman in Vietnam.
2. His record shows he served in an infantry battalion in Vietnam in duty MOS 11B with principal duties as a rifleman. However, aside from his own statement, there is no evidence of record to show he ever served in active ground combat. Therefore, there is an insufficient basis upon which to award him the CIB and add this badge to his DD Form 214 at this time.
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) AR20130008292
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008292
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090002744
The applicants military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Combat...
ARMY | BCMR | CY2012 | 20120012023
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) for his service in the Republic of Vietnam (RVN). Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100024674
Mr. T____ A____ states he served with the applicant in Company B, 1st Battalion, 506th Infantry, and that the applicant came to the company in July 1970. The evidence of record shows the applicant served in an infantry company in an infantry MOS. However, the evidence does not show he served in active ground combat during his service in Vietnam.
ARMY | BCMR | CY2011 | 20110021855
The applicant also provided a certificate which shows he was awarded the CIB. His DD Form 214 shows he received the following awards: * BSM * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * 2 overseas service bars 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the VSM from his DD Form...
ARMY | BCMR | CY2006 | 20060007118C070205
This document shows that, at the time of the applicant's assignment to the 1st Battalion, 506th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 48, dated 1971. The applicant was awarded MOS 11B and satisfactorily served as a rifleman in an infantry unit during active ground combat in Vietnam earning a Purple Heart. As a result, the Board recommends that all...
ARMY | BCMR | CY2013 | 20130021531
IN THE CASE OF BOARD DATE: 29 July 2014 DOCKET NUMBER: AR20130021531 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20130001373, dated 13 August 2013, wherein he requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB). The applicant...
ARMY | BCMR | CY2008 | 20080000442
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 April 2008 DOCKET NUMBER: AR20080000442 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 was awarded MOS 11B and performed duties in MOS 11B as a rifleman while assigned to an infantry unit in Vietnam. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records...
ARMY | BCMR | CY2011 | 20110009377
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). Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position with Company D, 3rd Battalion, 506th Infantry (Airmobile), 101st Airborne Division. There is no evidence in the available records and he has not provided evidence that shows he participated in active...
ARMY | BCMR | CY2006 | 20060006740C070205
Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Air Medal (2nd award), and the Bronze Star Medal; however, it does not show award of the CIB. The applicant's records show that he was awarded the Vietnam Service Medal. ...
ARMY | BCMR | CY2006 | 20060006283C070205
There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge. The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification...