IN THE CASE OF:	  

		BOARD DATE:	       28 MAY 2009

		DOCKET NUMBER:  AR20090003150 


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, in effect, award of the Combat Infantryman Badge.

2.  The applicant states he was assigned to the 551st Military Police Company in Saigon for 4 months before being transferred to Cat Lai, South Vietnam, for 3 months.  He states his military occupational specialty (MOS) was 11B2O and he believes he should have been awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of a letter from the National Personnel Records Center authorizing issuance of awards and decorations associated with his military service.

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.  Records available to the Board indicate the applicant was inducted and entered active duty on 25 July 1969.  He was trained as a light weapons infantryman (11B).

3.  According to documents in his military personnel file, he arrived in Vietnam in December 1969 where he was briefly assigned to a transportation detachment before being reassigned to Headquarters and Headquarters Company, 4th Transportation Command, in February 1970.  In March 1970 orders were issued by Headquarters, U.S. Army Support Command, Saigon, promoting the applicant to pay grade E-4 in MOS 95B (military police).  Item 38 (record of assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) indicates the applicant performed duties as a security guard while assigned to the 4th Transportation Command.

4.  The applicant departed Vietnam in November 1970 and was assigned to the 551st Military Police Company at Fort Polk, Louisiana, where he remained until he was released from active duty on 23 July 1971.

5.  There is no indication the applicant was ever awarded the Combat Infantryman Badge.

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 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 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.  Although the applicant may have held an infantry specialty while in Vietnam, he was not assigned to an infantry unit and as such would not have been eligible for the Combat Infantryman Badge.

2.  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 the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  The applicant and all others concerned should 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.

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.



      _____________XXX____________
                 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)                                         AR20090003150



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ABCMR Record of Proceedings (cont)                                         AR20090003150



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