IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140002578
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 that while in Vietnam from 1969 to 1970, he was assigned to Company D, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division.
3. The applicant provides no additional evidence.
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
19 September 1968. After completing his initial entry training, he was awarded military occupational specialty (MOS) 31B (Field Radio Mechanic).
3. On 22 September 1970, he was released from active duty. The DD Form 214 he was issued at the time does not list the CIB.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 April 1969 through 28 March 1970. Item 38 (Record of Assignments) shows that during his period of service in Vietnam, he was assigned to 1st Battalion, 327th Infantry Regiment in MOS 31B and he performed the duties of a field radio mechanic.
5. 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 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
He served as a field radio mechanic in an infantry company during his service in Vietnam. He did not serve in an infantry MOS; therefore, he is not eligible for award of the CIB.
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) AR20140002578
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140002578
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008577
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). There are no orders in the applicant's records to show he was awarded the CIB. The applicant was a school-trained 31B and it appears from his service records that he performed duties as a 31B while in Vietnam.
ARMY | BCMR | CY2014 | 20140014032
Although his military occupational specialty (MOS) was "31B20 Infantry Radio Maintenance," he deserves award of the CIB, because he served with the "2/7th Cavalry Infantry Air Mobile" in the RVN and spent 354 days in the field in a combat zone. 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1...
ARMY | BCMR | CY2008 | 20080015428
There are no orders in the applicants service personnel records that show he was awarded the Purple Heart or the Combat Infantryman Badge. The evidence of record shows he completed training, was awarded, and served in MOS 31B throughout his military service and during his service in Vietnam. There is no evidence he was awarded and/or served in an infantry MOS during his period in Vietnam or military service.
ARMY | BCMR | CY2007 | 20070011370C080407
The evidence of record in this case, although it shows the applicant was assigned to a qualifying infantry unit, confirms he held and served in MOS 31B as a field radio mechanic while serving in the RVN. His record is void of any orders or other documents showing that he was ever recommended for, or awarded the CIB by proper authority while serving on active duty, and the CIB is not included in the list of awards contained in Item 41 of his DA Form 20. Therefore, the Board requests that...
ARMY | BCMR | CY2010 | 20100024875
The applicant requests his record be corrected to reflect a "Combat Service Badge," determined to be the Combat Infantryman Badge. There are no orders in the applicant's military personnel records showing he was awarded the Combat Infantryman Badge. 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...
ARMY | BCMR | CY2008 | 20080005742
The applicant requests award of the Combat Infantryman Badge (CIB) for combat action against the enemy in the Republic of Vietnam during 1968 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM). The applicant provides a copy of his DD Form 214; his citation and general orders for award of the ARCOM; his promotion orders to specialist four; his DD Form 215 (Correction to DD Form 214); and...
ARMY | BCMR | CY2011 | 20110012621
The applicant requests, in effect: a. award of the Purple Heart, Combat Infantryman Badge (CIB), and Republic of Vietnam Gallantry Cross with Palm Unit Citation; b. that his unit of assignments in Vietnam be reflected on his DD Form 214; and c. his DA Form 2545 (Cryptographic Access Authorization, Briefing Certificates) be corrected to show he held a higher security clearance than "Confidential." His DD Form 214 for the period ending 22 May 1971 was prepared while he was serving in Vietnam,...
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 | CY2012 | 20120004828
The applicant requests correction of his records to show award of the Combat Infantryman Badge and the Bronze Star Medal with "V" Device. The applicant contends that his records should be correct to show award of the Combat Infantryman Badge and Bronze Star Medal with "V" Device because he performed duties as an infantryman while serving in Vietnam and his former battalion commander recommends him for award of the Bronze Star Medal with "V" Device. d. There are no orders or other evidence...
ARMY | BCMR | CY2010 | 20100015611
Item 41 (Awards and Decorations) of this form does not list the Purple Heart or the CIB. 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. Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for...