IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080006911
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 states that, although he was a combat Soldier he never received the Combat Infantryman Badge.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant entered active duty on 2 January 1970, completed training as a light weapons infantryman in military occupational specialty (MOS) 11B and was transferred to Vietnam.
3. The applicant served as a rifleman with A Company, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade from 26 June 1970 until he was hospitalized on 25 July 1970. On 10 August 1970 he was transferred to the United States as a patient.
4. No medical records are available. The available personnel records provide no information as to the applicant's medical problem.
5. The applicant was reassigned to Fort Carson, Colorado where he finished his period of active duty. On 11 January 1973 he was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Annual Training) in pay grade E-4.
6. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists his awards as the National Defense Service Medal, the Vietnam Campaign Medal with "1960-" Device, and the Vietnam Service Medal with two bronze service stars.
7. His Enlisted Qualification Record (DA Form 20) lists the same awards.
8. 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 military occupational specialty (MOS). 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 of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) 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:
1. Although the applicant held a qualifying infantry MOS and was assigned to an infantry company, there is no substantiating evidence to show that he actually participated in active ground combat.
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 this requirement.
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) AR20080006911
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ABCMR Record of Proceedings (cont) AR20080006911
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