IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20140006033
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.
2. The applicant states, in effect, he should have been awarded the Combat Infantryman Badge as the others in his reconnaissance platoon in accordance with the requirements at the time. He believes his award fell through the cracks. His platoon leader and platoon sergeant were both killed and he was transferred to a different unit a week later. That unit never put him in for the award.
3. The applicant provides his 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's records show he was inducted into the Army of the United States on 26 January 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).
3. His records show he served in Vietnam from on or about 1 March 1967 to on or about 18 January 1968. He was assigned to:
* Headquarters and Headquarters Company, 4th Battalion, 9th Infantry, from 1 March to 24 July 1967
* Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry, from 25 July to 1967 15 January 1968
4. The applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from January to December 1967.
5. He was honorably released from active duty on 18 January 1968. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Commendation Medal.
6. There are no special orders that show he was awarded the Combat Infantryman Badge. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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.
DISCUSSION AND CONCLUSIONS:
1. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
2. The applicant's sincerity and service in Vietnam in an infantry MOS with an infantry unit is not in question. However, there is insufficient evidence in the available records and he did not submit substantiating evidence that shows 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.
3. In the absence of additional documentary evidence that specifically places him under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.
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) AR20140006033
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006033
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 20040008870C070208
There are no orders in the applicant's military service records awarding him the Combat Infantryman Badge. The evidence shows that the units to which the applicant was assigned were actively engaged in ground combat during the timeframe the applicant was assigned. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of: a. the Combat Infantryman Badge; b. the Army Good Conduct Medal for the period from 31 August...
ARMY | BCMR | CY2008 | 20080013045
The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his units morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...
ARMY | BCMR | CY2009 | 20090003527
The applicant requests award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed 90 days of foreign service instead of 29. With respect to the applicant's period of foreign service, the evidence of record shows that the applicant arrived in the Republic of Vietnam on or about 20 October 1967. In the absence of evidence that the applicant actively participated in combat while assigned to...
ARMY | BCMR | CY2008 | 20080014114
Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2014 | 20140001135
However, there is insufficient evidence in the available records and he did not submit substantiating evidence that shows 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. In the absence of additional documentary evidence that specifically places him under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground...
ARMY | BCMR | CY2008 | 20080013484
The applicant provides a copy of Headquarters, 9th Infantry Division, General Orders Number 7432, showing awards of the Bronze Star Medal with "V" Device dated 25 August 1968 and General Orders Number 8597, showing award of the Army Commendation Medal with "V" Device, dated 17 September 1968 in support of his request. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090015055
He questions how is it possible for him or other members of the 765th Security Platoon to provide evidence of participation in active ground combat when the "National Achieves and Records, or the National Personnel Records Center" were unable to find any records of personnel or activities of the 765th Security Platoon. The record shows that the applicant was assigned to the 765th Security Platoon, not a named infantry unit. The evidence of record shows the applicant was not assigned to an...
ARMY | BCMR | CY2010 | 20100022034
General Orders Number 3225, issued by the same headquarters, dated 13 May 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 15 November 1967. There are no orders in his records awarding him the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the...
ARMY | BCMR | CY2008 | 20080006155
With respect to award of the Combat Medical Badge, the evidence of record shows the applicant was awarded a medical MOS following completion of training. The evidence of record shows the applicant was awarded the Vietnam Service Medal. 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 Medical Badge for exceptionally valorous actions; b. awarding the applicant the Good Conduct Medal...
ARMY | BCMR | CY2009 | 20090007470
The applicant states, in effect, the BSM with "V" Device and BSM for meritorious service he earned are not listed on his DD Form 214, and he was a 91B (Medical Specialist) assigned to a rifle platoon and should have been awarded the CMB. Given the applicant's cavalry squadron commander confirmed in a 15 June 1968 request that the unit had an organic rifle platoon and that the applicant served as that platoon's medic and had been present with the unit on numerous occasions when it was...