IN THE CASE OF:	  

	BOARD DATE:	  22 JULY 2008

	DOCKET NUMBER:  AR20080006211 


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, that he be awarded the Combat Infantryman Badge. 

2.  The applicant essentially states that he never received the Combat Infantryman Badge for his service in Vietnam, and that he never received orders for this badge.

3.  The applicant provides orders awarding him the Bronze Star Medal, his 
DD Form 214 (Report of Separation from Active Duty), and a letter, dated 
3 March 2008, from the National Personnel Records Center in support of this application.

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's military records show that he enlisted in the Regular Army on 10 August 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver), and was subsequently awarded MOS 11B  (Light Weapons Infantryman).  He completed a tour in Korea from 23 December 1966 to 22 April 1968, then was reassigned to Fort Riley, Kansas.  On 29 October 1968, he departed for the Republic of Vietnam, and initially served with Company A, 1st Battalion, 505th Infantry Regiment.  On 15 January 1969, he was reassigned to Advisory Team 46, II Corps Advisory Group, United States Military Assistance Command, Vietnam.  He returned to the continental United States on or about 31 July 1969, and was honorably released from active duty on that date.  However, on 
23 September 1970, the applicant again enlisted in the Regular Army, and served an overseas tour in the Canal Zone from 25 November 1970 to 
9 December 1973.  He then served at Fort Hood, Texas, with one period of temporary duty to Germany, until he was honorably discharged on 7 October 1977.  The DD Form 214 that was issued to him at the time of his discharge on 
7 October 1977 shows that he was awarded the Bronze Star Medal, the Good Conduct Medal (2nd Award), the National Defense Service Medal, the Vietnam Service Medal with Four Bronze Service Stars, the Armed Forces Expeditionary Medal, and the Republic of Vietnam Campaign Medal.

3.  The applicant’s DD Form 214, DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record – Part II) do not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge.  His military records do show that he served as a Squad Leader in duty MOS 11B with Company A, 1st Battalion, 505th Infantry Regiment, and that he served as a Heavy Weapons Infantry Advisor in duty MOS 11C (Indirect Fire Infantryman) with Advisory Team 46, II Corps Advisory Group.   However, there is no evidence in the applicant's military records which conclusively shows that either of his units in Vietnam engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in such ground combat.  Additionally, although he was awarded the Bronze Star Medal for his service in Vietnam, the order awarding him this medal did not specifically state that the applicant ever personally engaged in combat.  

4.  The applicant essentially stated that he never received the Combat Infantryman Badge for his service in Vietnam, and that he never received orders for this badge.

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.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  Although the applicant possessed and served in an infantry MOS with an infantry unit of brigade, regimental or smaller size during his tour in Vietnam, there is no evidence in his military records, and the applicant failed to provide any evidence which shows that his unit engaged in active ground combat, or that he actively participated in ground combat.  In view of the foregoing, there is no basis for correcting his military records to show the award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        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)                                         AR20080006211



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ABCMR Record of Proceedings (cont)                                         AR20080006211



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