IN THE CASE OF:	

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019730 


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 (Report of Separation from Active Duty) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, his military occupational specialty (MOS) was 11B (light weapons infantryman) and he was with the 1st Battalion, 52nd Infantry, 198th Infantry Brigade and the 3rd Battalion, 21st Infantry, 196th Infantry Brigade in Vietnam.

3.  The applicant provides:

* two VA Forms 21-4138 (Department of Veterans Affairs Statement in Support of Claim)
* medical examination report
* excerpts on the 1st Battalion, 52nd Infantry, 198th Light Infantry Brigade

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 2 December 1970.  He was awarded MOS 11B.  He served in MOS 11B assigned to Company H, 1st Battalion, 52nd Infantry, 198th Infantry Brigade in Vietnam from 29 August 1971 to 19 October 1971.  He served in MOS 11B assigned to Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade in Vietnam from 20 October 1971 to 15 June 1972.  On 6 September 1973, he was discharged.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

4.  There are no orders for the Combat Infantryman Badge in the available records.

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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there are no orders for the Combat Infantryman Badge.  In addition, there is no evidence of record and the applicant did not provide any evidence which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

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)                                         AR20090019730



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ABCMR Record of Proceedings (cont)                                         AR20090019730



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