IN THE CASE OF:	

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20080016784 


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 his Combat Infantryman Badge (CIB) be added to his separation document (DD Form 214).

2.  The applicant states that he served as an infantryman in three campaigns in Vietnam.  While he wore a CIB while in Vietnam, it is not on his DD Form 214.

3.  The applicant provides a letter from his U.S. Senator which forwarded copies of extracts from his military records, and a letter from the National Archives which forwards a history of the 3rd Battalion, 506th Infantry during Vietnam.

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 military records show that he was inducted into the Army of the United States on 20 April 1966.  He was awarded the military occupational specialty (MOS) of light weapons infantryman, 11B, and was promoted to pay grade E-5.  He served in Vietnam from 3 October 1967 to 11 April 1968.

3.  The applicant's DA Form 20, Enlisted Personnel Record, shows that prior to his deployment to Vietnam, he served as a scout observer, a radio teletype operator, and a light truck driver.  While assigned to an infantry unit in Vietnam, the applicant's duty MOS was listed as a light weapons infantryman.

4.  The applicant was honorably released from active duty on 7 April 1968.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman serving in an infantry unit.

2.  However, there is no evidence to show that the applicant served in active ground combat.

3.  Since the applicant worked in three different duty MOSs prior to being deployed to Vietnam, it is entirely possible that, while he was assigned in an infantryman duty MOS position, he was utilized in another capacity.

4.  Without evidence to show that the applicant served in active ground combat, there is insufficient evidence in which to grant his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20080016784



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ABCMR Record of Proceedings (cont)                                         AR20080016784



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