IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090016018 


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 he be awarded the Combat Infantryman Badge and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served in the capacity of a combat infantryman when he was in Vietnam, which merits his being awarded the Combat Infantryman Badge.

3.  The applicant provides no additional documentation.

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 24 October 1968, the applicant enlisted in the Army for 3 years. He completed his training and was awarded an armor crewman military occupational specialty (MOS 11E).  He was transferred to Vietnam on 18 April 1969 and he was assigned to Troop C, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division.

3.  He was honorably discharged on 23 June 1969 for the purpose of immediate reenlistment and he was assigned to Company B, 25th Supply and Transportation Battalion, 25th Infantry Division.

4.  The DD Form 214 he received shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

5.  The applicant reenlisted in the Army for 3 years on 24 June 1969.  He was awarded a wheeled vehicle mechanic (MOS 63B) on 3 March 1970.

6.  He returned to the continental United States on 11 June 1970 and he was assigned to Company B, 1st Battalion, 28th Infantry Regiment, Fort Riley, Kansas, with assigned duties in an infantryman MOS.

7.  The applicant was honorably released from active duty on 25 January 1972.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Badge with Rifle Bars (M-14 and M-16)

8.  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 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214.

2.  Evidence of record shows the applicant never held an infantry MOS while he served in Vietnam.  Therefore, he does not meet the criteria for award of the Combat Infantryman Badge and it cannot be included on his DD Form 214.

3.  In view of the foregoing there is no basis for granting the requested relief.

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)                                         AR20090016018



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ABCMR Record of Proceedings (cont)                                         AR20090016018



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