IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014032
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 that he be awarded the Combat Infantryman Badge (CIB).
2. He states:
a. He should be awarded the CIB due to his service to his country and to the Republic of Vietnam (RVN).
b. 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.
c. He has a war-related Department of Veterans Affairs disability and believes the CIB was overlooked. Although he was a radio operator, he was also on assignment with the long-range reconnaissance platoons, called in air strikes, performed guard duty, was on field patrol, and flew as a gunner on a Huey.
d. This has haunted him for many years and he just recently discovered a way to make it right.
3. He provides a 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 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 8 June 1966, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded MOS 31B (Field Communications Electronics Equipment Mechanic).
3. During his service in the RVN, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division from
18 December 1966 to 9 December 1967. He served in MOS 31B throughout this period.
4. He was honorably released from active duty on 7 June 1968. His DD Form 214 does not list the CIB among his authorized awards.
5. His records do not contain orders awarding him the CIB. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence showing the applicant held an infantry MOS while he was assigned to a infantry unit of brigade, regimental, or smaller size Therefore, he does not meet the regulatory requirements for the award of the CIB.
2. A determination that the applicant is not eligible for the CIB in no way diminishes his honorable service to our nation.
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) AR20140018662
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014032
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2006 | 20060010106C071029
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in. However, there are no orders, or other documents on file that show he was ever recommended for, or awarded either the CIB or CMB while he was serving on active duty. The evidence of record confirms the applicant’s combat service in the RVN; however, combat service alone does not support award of the CMB or CIB.
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 | 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 | CY2012 | 20120019901
The applicant provides copies of: * May/June 2012 issue of the Vietnam Veterans of America Magazine, page 41 * 1st Cavalry Division Vietnam Combat Certificate * letter from the applicant to this Board, dated 15 August 2011 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DA Form 20 (Enlisted Qualification Record), pages 2, 3, and 4 * Operational Report, 1st Cavalry Division, for the period ending 30 April 1970, dated 12 November 1970 * 5th Battalion, 7th...
ARMY | BCMR | CY2010 | 20100030114
He states U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, did not authorize Armor/Air Cavalry officers award of the CIB although they may have served as Aero Medical Rifle Platoon Commander. The commanding officer then assigns appropriate duties. Absent any evidence of record showing that the applicant held and served in an infantry specialty in ground combat with a qualifying infantry unit during his RVN tour, or that he was awarded the CIB by proper...
ARMY | BCMR | CY2009 | 20090011071
The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 14 May 1966 through 13 August 1967. Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 21 September 1964 through 14 August 1967 and to add this award to his record and DD Form 214 at this time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2010 | 20100015814
The applicant requests award of the Combat Infantryman Badge (CIB). U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB for service in Vietnam. The applicant's record is void of any orders or other documents indicating that the applicant 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 on his DA Form 20 or DD Form 214.
ARMY | BCMR | CY2009 | 20090015806
Therefore, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 2 January 1964 through 23 December 1965 and to add this award to his record and DD Form 214 at this time. The evidence of record also confirms that based on his honorable active duty service the applicant is eligible for the NDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2002 | 2002066386C070402
The Awards Branch, US Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G and 11H. The evidence of record shows that the applicant held an infantry MOS, was assigned to an infantry unit for the entire length of his tour in RVN, and was wounded in combat and awarded the Purple Heart. by showing that the individual concerned was awarded the CIB, and the Good...