IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150003099
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:
a. He did not know about the Combat Infantryman Badge until he was recently discussing it at a local Veterans Service Center, while in individual and group counseling for long term post-traumatic stress disorder effects.
b. He arrived in Vietnam in June 1967 in an infantry military occupational specialty (MOS).
c. He was on patrol three times, guard duty four times, kitchen patrol twice, and "s___" burning detail once.
d. Until he was promoted to specialist (E-4) he served in ground operations in patrols and guard duty.
e. He was later promoted to specialist five (E-5) as a clerk stenographer.
3. The applicant provides a copy of 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 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 on 10 January 1967. He completed training as a light weapons infantryman (11B10). He arrived in Vietnam on 18 June 1967 and he was assigned to Headquarters and Headquarters Company, 1st Infantry Division as a clerk typist on 1 July 1967.
3. Special Orders Number 264 were published on 21 September 1967 withdrawing his 11B10 military occupational specialty (MOS) and awarding him MOS 71B30 (clerk typist).
4. On 15 June 1968, the applicant departed Vietnam en-route to the United States. He was honorably discharged on 9 September 1969 at the expiration of his term of service. His DD Form 214 shows the following awards:
* Army Commendation Medal (First Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Two Overseas Service Bars
* Good Conduct Medal
* Armed Forces Honor Medal with 2nd Class
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
5. A review of the available records failed to reveal any evidence that he served in active ground combat while he was in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) 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. 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:
1. The applicant's contentions have been noted.
2. There is no evidence in the available record and the applicant has not provided any evidence showing that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
3. The available record shows that he was performing duties as a clerk typist during most of his service in Vietnam. He was awarded a clerk typist MOS on 27 September 1967. He is not authorized 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) AR20150003099
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150003099
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100000695
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. However, there is no evidence in the available records that shows he engaged in active ground combat with an infantry unit of brigade or smaller size when he was in Vietnam. _____________X____________ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2009 | 20090014947
There are no orders for the Combat Infantryman Badge in the applicant's service personnel records. Headquarters, United States Military Assistance Command, Vietnam General Orders Number 2299, dated 1 December 1967, show the applicant received the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period June 1966 to December 1967. U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations)...
ARMY | BCMR | CY2011 | 20110020197
However, the evidence of record shows he held an administrative MOS and served with his infantry battalion as a clerk typist. There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS or that 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. Regretfully, in the absence of conclusive evidence that the applicant held...
ARMY | BCMR | CY2007 | 20070015889
Item 22 (MOS's) of the applicant's DA Form 20 shows that he was awarded a Primary MOS of 11B1O on 10 March 1967 [upon completion of Advanced Individual Training]. Therefore, his records should be corrected to show this award. The evidence of record clearly shows that the applicant held a primary MOS of an infantryman when he reported for duty in the Republic of Vietnam.
ARMY | BCMR | CY2008 | 20080015365
The applicant requests that his records be corrected to reflect that he served as a combat infantryman in Vietnam and that he be awarded the Combat Infantryman Badge (CIB). The applicant states, in effect, that during his first 4 months in Vietnam he was assigned to Company B, 2nd Battalion, 173rd Airborne Brigade. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the...
ARMY | BCMR | CY2010 | 20100018299
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 and any unit awards he may be authorized. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and any unit awards he may be authorized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...
ARMY | BCMR | CY2010 | 20100028052
The applicant states he spent 4 months with A Company, 2nd Battalion, 503rd Infantry. He was awarded MOS 71B and his MOS of 11B was withdrawn 4 months before he was sent to the Republic of Vietnam. Therefore, in view of the above, there is insufficient evidence to award the Combat Infantryman Badge in this case.
ARMY | BCMR | CY2010 | 20100013794
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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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. In the absence of official orders or other documentary evidence such as...
ARMY | BCMR | CY2009 | 20090014005
There are no orders in the applicant's records that show he was awarded the CIB. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
ARMY | BCMR | CY2009 | 20090019445
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant served as a clerk assigned to the 483rd Field Service Company and the 223rd Supply and Support Company during his assignment in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.