RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 OCTOBER 2004
DOCKET NUMBER: AR2004105402
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Raymond Wagner | |Chairperson |
| |Mr. Lawrence Foster | |Member |
| |Ms. Marla Troup | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
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, that the Board recently awarded him
several other decorations that he was entitled to, but did not correct his
record to show that he was entitled to the Combat Infantryman Badge. He
states that he believes he is entitled to the badge.
3. The applicant provides a copy of his separation document in support of
his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 8 October 1971. The application submitted in this case
is dated
24 March 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR dete rmines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant submitted a previous request to the Board in which he
asked that his records be corrected to show award of the Purple Heart and
two Bronze Star Medals. The Board granted full relief in that case and
included several other decorations that the applicant was also entitled to.
Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003090594, on 27 January 2004.
4. Information available to the Board shows that the applicant was an
infantryman (11C) who performed duties as an ammunition bearer with the 1st
Battalion, 52nd Infantry in Vietnam between October and December 1970. He
was wounded in action on 13 November 1970 which ultimately resulted in his
being discharged by reason of physical disability. There is, however, no
indication he was ever awarded the Combat Infantryman Badge.
5. Army Regulation 600-8-22 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 specialty. They must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size. The Awards Branch, Human
Resources Command-Alexandria has advised, in similar cases, 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:
The evidence confirms that the applicant met the basic requirements for
award of the Combat Infantryman Badge. It would be appropriate, and in the
interest of justice and equity, to award him the badge.
BOARD VOTE:
__RW __ ___LF___ ___MT __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Combat Infantryman
Badge.
____Raymond Wagner_______
CHAIRPERSON
INDEX
|CASE ID |AR2004105402 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041028 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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