IN THE CASE OF:	  

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100021500


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 in Vietnam from March 1969 through March 1970 and he was assigned to Battery B, 2nd Field Force
* he was attached to the 25th Infantry Division for 9 months
* he was in “CuChi, DucLap, Licai, and Catoon”
* all the places he mentioned were under rocket attack and arms fire daily
* he was in a combat zone and he never received a combat award
* his claim for post-traumatic stress disorder was denied by the Department of Veterans Affairs (DVA) and he would like his records corrected before he submits his appeal

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and photographs of himself in 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 enlisted in the Regular Army on 3 June 1968.  He completed training in military occupational specialty (MOS) 13B (Field Artillery Basic).

3.  He arrived in Vietnam on 13 March 1969 and he was assigned to Battery B, 2nd Battalion, 3rd Artillery.  He departed Vietnam on 11 March 1970.

4.  The applicant was honorably released from active duty (REFRAD) on 24 May 1971, due to seasonal employment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* Army of Occupation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two Overseas Service Bars
* Expert Marksmanship Qualification Medal with Rifle Bar (M-14 and M-16)

5.  The applicant’s record does not show that he was ever awarded an infantryman MOS or attached to the 25th Infantry Division.

6.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry MOS and required that 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:

1.  There is no evidence in the available record and the applicant has not submitted sufficient evidence showing he met the criteria contained in the applicable regulation for entitlement to the Combat Infantryman Badge.

2.  His record shows he completed training and he was awarded a field artillery MOS.  He performed the duties of a Field Artillery Gunner while in Vietnam.  His record does not show that he was an infantryman who was assigned or attached to an infantry unit that was engaged in active ground combat.  Therefore, there is no basis for granting the applicant's 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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100021500



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