IN THE CASE OF:	  

	BOARD DATE:	  29 JULY 2008

	DOCKET NUMBER:  AR20080007366 


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 carried an infantry military occupational specialty (MOS) while serving in Vietnam from August 1964 to November 1964, and again from May 1965 to August 1965.  He also states that he is being evaluated for prostate cancer, and that the evaluator informed him that his records at the Department of Veterans Affairs (DVA) Medical Center at Mountain Home, Tennessee indicated that he was qualified for the Combat Infantryman Badge.  He further states that he is sorry that he did not make this request over 42 years ago so he could cherish and enjoy the badge more (if awarded).  He continued by stating that he was and is proud of his country, and to have served during the Vietnam War, but that he did not know how to request the Combat Infantryman Badge even though he was sure that he qualified for this badge with his 3 years of infantry service.  Additionally, he states that he would be honored to have the Combat Infantryman Badge awarded to him, and that it would be placed in his display case with his other medals to show his family and friends, which will be handed down to his daughter and granddaughter. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 1577 (Authorization for Issuance of Awards), a self-authored statement, a letter of commendation, dated 7 November 1964, his Honorable Discharge Certificate, orders, dated 3 August 1964, for hazardous duty as a flying non-crewmember, and a letter, dated 21 November 1964, which authorized him to wear Aviation Gunner Wings while attached to the 119th Aviation Company 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 5 December 1962.  He completed basic and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman), and was later awarded MOS 11F (Infantry Operations and Intelligence Specialist).  After initially serving a permanent duty assignment at Fort Carson, Colorado, he departed for Hawaii on 16 September 1963, and was assigned to the 2nd Battalion, 27th Infantry Regiment.  He twice deployed from Hawaii to Vietnam during his overseas tour; first from 2 September 1964 to 3 December 1964 when he was attached to the 119th Aviation Company, and again from 1 June 1965 to 20 August 1965 when he was attached to Company A, 501st Aviation Battalion.  He returned to the continental United States in November 1965, and was honorably released from active duty on 24 November 1965.  The DD Form 214 that he was issued at the time of his release from active duty essentially shows that he was awarded the Air Medal with Numeral "2" Device [to indicate his second award of the Air Medal], the Good Conduct Medal, the Armed Forces Expeditionary Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.

3.  The applicant requested that he be awarded the Combat Infantryman Badge.  However, the applicant’s military records do not show that he was awarded the Combat Infantryman Badge.  Additionally, although his military records show that he possessed and served in an infantry MOS during his two deployments to Vietnam, he was assigned to aviation units during those deployments, and not to an infantry unit of brigade, regimental or smaller size during his service in Vietnam.  Additionally, even if the applicant had been assigned to an infantry unit of brigade, regimental or smaller size at any point during his tour in Vietnam, there is no evidence in his military records which shows that he personally participated in active ground (emphasis added) combat.
 
4.  The applicant provided a letter of commendation, dated 7 November 1964, in which the commander of the 52nd Aviation Battalion expressed his appreciation for a job well done by the applicant, and commended him for his outstanding performance of combat duty as a door gunner while serving with the 119th Aviation Company.  He also provided a letter, dated 21 November 1964, which authorized him to wear Aviation Gunner Wings during the time he was attached to the 119th Aviation Company.

5.  The applicant essentially stated that he carried an infantry MOS while serving in Vietnam from August 1964 to November 1964, and again from May 1965 to August 1965.  He also stated that he is being evaluated for prostate cancer, and that the evaluator informed him that his records at the DVA Medical Center at Mountain Home, Tennessee indicated that he was qualified for the Combat Infantryman Badge.  He further stated that he is sorry that he did not make this request over 42 years ago so he could cherish and enjoy the badge more (if awarded).  He continued by stating that he was and is proud of his country, and to have served during the Vietnam War, but that he did not know how to request the Combat Infantryman Badge even though he was sure that he qualified for this badge with his 3 years of infantry service.  Additionally, he stated that he would be honored to have the Combat Infantryman Badge awarded to him, and that it would be placed in his display case with his other medals to show his family and friends, which will be handed down to his daughter and granddaughter. 

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.  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.

DISCUSSION AND CONCLUSIONS:

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

2.  Although the applicant clearly possessed and served in an infantry MOS, he was not assigned to an infantry unit of brigade, regimental or smaller size during either of his deployments to Vietnam, which is a prerequisite for award of the Combat Infantryman Badge.  Regrettably, in view of the foregoing, there is no basis for awarding him the Combat Infantryman Badge in this case.

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)                                         AR20080007366



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ABCMR Record of Proceedings (cont)                                         AR20080007366



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