IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016508
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 he was awarded the CIB, but it was never listed on his
DD Form 214. He spent five months in the bush and encountered numerous fire fights. His captain told the unit on the day they encountered enemy fire that everyone just earned the CIB. He believes the reason he did not receive the CIB was due to his military occupational specialty (MOS) of 11C (Indirect Fire Infantryman) not being honored for the first five months he was assigned in the Republic of Vietnam (RVN).
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 was inducted into the Army of the United States on
11 September 1969. After completing basic and advanced individual training he was awarded MOS 11C. He served in the RVN from 12 February 1970 to 11 April 1971 and he was honorably released from active duty on 15 April 1971.
3. During his tenure in Vietnam, he was assigned to both Company C and Company E, 2nd Battalion, 501st Infantry Regiment in MOS 11C and 11B (Infantryman).
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB.
5. Item 24 of his DD Form 214 does not show award of the CIB.
6. A review of General Orders 14674 issued by Headquarters, 101st Airborne Division (Airmobile) on 18 December 1970 shows he received the Bronze Star Medal for meritorious service during the period 1 March 1970 to 30 November 1970. This document supports he served and was commended for his service in the RVN; however, it does not show he was actively engaged with enemy forces. There is no substantial evidence to show that while the applicant was assigned to the 2nd Battalion, 501st Infantry Regiment, he participated in active ground combat
7. Army Regulation 600-8-22 (Military Awards) states 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
Although the evidence of record shows he served in an infantry MOS with an infantry unit of regimental size, there is insufficient evidence to show he was personally present and engaged in active ground combat with the enemy. In view of this fact, there is an insufficient basis 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) AR20140016508
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016508
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003522
IN THE CASE OF: BOARD DATE: 6 October 2015 DOCKET NUMBER: AR20150003522 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states the Board denied his request for award of the Purple Heart based on the available evidence. There is no evidence in the available records to show the applicant should be awarded the CIB.
ARMY | BCMR | CY2011 | 20110013726
The applicant requests award of the Combat Infantryman Badge (CIB). Service in a combat area and campaign participation credit alone do not support award of the CIB. Absent any evidence of record or independent evidence provided by the applicant to corroborate his personal participation in active ground combat during the just over 5 months he served in a qualifying infantry unit in an infantry MOS, the regulatory burden of proof necessary to support award of the CIB has not been satisfied...
ARMY | BCMR | CY2008 | 20080000195C080407
Counsel states, in effect, that new evidence is being provided to confirm the applicant's participation in ground combat as an infantryman. By regulation, in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS, that he served in a qualifying infantry unit of brigade, regimental or smaller size and that he was personally present and under hostile fire while serving in an assigned infantry primary duty, in a qualifying infantry unit...
ARMY | DRB | CY2005 | 20050010410
The applicant's contention that he is entitled to the CIB based on his combat service with an infantry unit in the RVN, and the supporting evidence he submitted, were carefully considered. By regulation, in order to qualify for the CIB, a member must not only hold an infantry MOS and serve with a qualifying infantry unit, there must also be evidence that he was personally present with the qualifying infantry unit when it was engaged in active ground combat, and that that he actively...
ARMY | BCMR | CY2011 | 20110003349
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN, it does confirm he served as an infantryman in MOS 11C with a qualifying infantry unit during his tour of duty in the RVN. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080013483
By regulation, in order to qualify for the CIB, in addition to being an infantryman performing infantry duties, and being assigned to an infantry unit when the unit is engaged in active ground combat, the applicant must also show that he was actively participating in ground combat. The evidence in the applicant's official record shows he held MOS 11D and performed duties as a rifleman for his entire period of service in the RVN while assigned to an infantry unit. Given the above, and in...
ARMY | BCMR | CY2012 | 20120007790
Application for correction of military records (with supporting documents provided, if any). However, there is no evidence of record that indicates he was ever recommended for or awarded the CIB during his active duty service. Notwithstanding his sincerity and the apparent issuance of the CIB (1st Award) to him by TACOM, in the absence of official documentary evidence that conclusively shows he was personally present with a qualifying infantry unit when it was engaged in active ground...
ARMY | BCMR | CY2006 | 20060017109C071029
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The evidence of record confirms the applicant held and served in an infantry MOS in a qualifying infantry unit while serving in the RVN.
ARMY | BCMR | CY2012 | 20120010441
The applicant requests the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB) be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicants Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating the applicant was ever recommended for or awarded the BSM or CIB by proper authority while serving in the RVN. Absent any evidence of record or independent evidence submitted by the applicant that...
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...