BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003414
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. He states:
a. his platoon leader was going to recommend him for award of the CIB but he was killed in action in Vietnam, so it did not happen.
b. he performed duties in his military occupational specialty (MOS), 11B2O (Light Weapons Infantryman), during his service in Vietnam and was told that qualified him for award of the CIB.
3. He 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. The applicant's records show he was inducted into the Army of the United States on 8 April 1969. After completing basic and advanced individual training he was awarded MOS 11B.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
a. item 31 (Foreign Service), he served in Vietnam from 12 September 1969 to 8 September 1970;
b. item 38 (Record of Assignments), while serving in Vietnam he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 506th Infantry Regiment and he performed duties as an 11B, Rifleman from
23 September 1969 to 8 September 1970; and
c. item 41 (Awards and Decorations), no entry for the CIB.
4. On 7 April 1971, he was honorably released from active duty. He completed 2 years of total active service. The DD Form 214 he was issued at the time does not show the CIB as an awarded or authorized award.
5. There are no orders in the available records that show he was recommended for or awarded the CIB.
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's record shows he was assigned to an infantry unit in Vietnam and performed infantry duties while assigned to that infantry unit. However, there is no evidence and he did not provide any evidence that shows he was personally present and participated with such a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20140003414
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003414
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020613
IN THE CASE OF: BOARD DATE: 9 July 2015 DOCKET NUMBER: AR20140020613 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB) and, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the CIB and Korea Defense Service Medal (KDSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the KDSM to his DD Form 214.
ARMY | BCMR | CY2010 | 20100008515
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 the Combat Infantryman Badge (CIB). The evidence of record shows he completed training and he was awarded MOSs 11F and 11B.
ARMY | BCMR | CY2007 | 20070016540
There are no orders or other evidence in the applicants military service records that show he was awarded the Combat Infantryman Badge. The applicant contends, in effect, that his request for award of the Combat Infantryman Badge should be reconsidered because he held MOS 11B as his secondary MOS, served in duty MOS 11B, and also served in combat situations during his second tour in the RVN. There are no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.
ARMY | BCMR | CY2011 | 20110022568
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). His records do not contain orders awarding him the CIB. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat while assigned to an infantry...
ARMY | BCMR | CY2012 | 20120012168
Application for correction of military records (with supporting documents provided, if any). The applicant states he was a combat infantryman the whole time he was in Vietnam assigned to Company C, 2d Battalion, 60th Infantry, 9th Infantry Division. However, there is no evidence to show he engaged in active ground combat.
ARMY | BCMR | CY2010 | 20100009921
During its original review of the case, the Board found no evidence of record the applicant served in active ground combat during his tour in the Republic of Vietnam (RVN) and as a result concluded there was insufficient evidence to support award of the CIB. Further, there is no indication he was ever assigned to an infantry staff headquarters or to non-infantry duties during his tenure of assignment in the RVN, and given his unit regularly participated in combat operations and was cited...
ARMY | BCMR | CY2011 | 20110005078
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by: * Awarding him the Combat Infantryman Badge (CIB) * Issuing him a DD Form 215 (Correction to DD Form 214) 2. On 4 October 1967, the applicant was inducted into the Army of the United States and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (MOS) - primary...
ARMY | BCMR | CY2013 | 20130002347
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). He states he was awarded the CIB for combat in Vietnam. The DD Form 214 he was issued at the time does not show the CIB as an awarded or authorized award.
ARMY | BCMR | CY2011 | 20110019274
The applicant requests award of the Combat Infantryman Badge (CIB). He completed training and he was awarded MOS 11B. Notwithstanding his sincerity, in the absence of official documentary evidence that conclusively shows he was personally present with the qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat, there is an insufficient evidentiary basis for granting the applicant's requested relief.
ARMY | BCMR | CY2010 | 20100029409
His DA Form 20 (Enlisted Qualification Record) shows: a. item 22 (MOS) his primary MOS (PMOS) as 62E2O, Construction Machine Operator, awarded 15 September 1967; b. item 27 (Military Education) he completed the Construction Machine Operator and Full Track Operator courses in 1967; c. item 31 (Foreign Service) he served in the RVN from 5 October 1967 to 18 December 1969; and d. Item 38 (Record of Assignments) he was assigned to Company B, 815th Engineer Battalion (Construction), from...