IN THE CASE OF:	  

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090011775 


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 needs the correction to receive disability benefits from the Department of Veterans Affairs (DVA).

3.  The applicant provides no supporting documents.

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 enlisted in the Regular Army (RA) on 7 October 1969 for a period of two years.  He completed the required training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned in Vietnam to Battery A, 5th Battalion, 22nd Artillery Regiment, from 17 March 1970 through 7 November 1970, and Battery A, 6th Battalion, 22nd Artillery Regiment from 8 November 1970 through 13 February 1971.  His duty MOS is shown as 13A, Cannoneer, during both assignments.

4.  He was honorably released from active duty on 6 October 1971 by reason of expiration of term of service.  His DD Form 214 (Report of Transfer or Discharge) shows his MOS as 13A.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Combat Infantryman Badge.

5.  Subsequent to the above period of service, the applicant served in the U.S. Army Reserve (USAR) from October 1971 through April 1975, in the Army National Guard (ARNG) from April 1975 through June 1975, and again on active duty in the RA from 6 June 1975 through 30 May 1979.

6.  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 USARV 672-1 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 states he needs the correction to receive disability benefits from the DVA.

2.  The record does not contain and the applicant has not provided any official documentation to show that he was awarded an infantry MOS, and that he served in active ground combat while assigned or attached to an infantry unit during his period of service in Vietnam.  Without the award of an infantry MOS at a minimum, it is not appropriate to award the applicant the Combat Infantryman Badge.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.
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)                                         AR20090011775



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ABCMR Record of Proceedings (cont)                                         AR20090011775



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