IN THE CASE OF:	   

		BOARD DATE:	        28 August 2008         

		DOCKET NUMBER:  AR20080007412 


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, correction of his records to show award of the Combat Infantryman Badge.  

2.  The applicant states that the National Personnel Records Center, St. Louis, Missouri, on 5 March 2003, verified his entitlement to award of the Combat Infantryman Badge. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); two excerpts from a book called "Through The Valley: Vietnam, 1967-1968"; eight 8 X10 pictures; two letters from the National Personnel Records Center (NPRC), St. Louis, Missouri; his DA Form 20 (Enlisted Qualification Record); and his unit orders 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 was inducted into the Army of the United States on 13 September 1966.  After completion of basic and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  The applicant's DD Form 214, dated 12 June 1968, shows he was honorably released from active duty and transferred to the United States Army Reserve Control Group to complete his remaining service obligation.  The applicant's record shows that he completed 1 year, 9 months, and 6 days of net active service this period.  The highest rank the applicant attained while serving on active duty was specialist/pay grade E-4.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  

5.  The applicant's DA Form 20 shows in item 31 (Foreign Service) that he served in the Republic of Vietnam during the period 22 July 1967 through 
4 June 1968.  

6.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows he was assigned to Company C, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade during the period 16 November 1967 through 25 November 1967, and Company D, 4th Battalion, 31st Infantry of the 196th Light Infantry Brigade during the period 26 November 1967 through 4 June 1968.  

7.  The applicant provides the front cover and a excerpt from the book called "Through The Valley: Vietnam, 1967-1968," written by James F. Humphries, which discusses the efforts of the Americal Division, 196th Light Infantry Brigade against a stubborn enemy, his own combat experience, and the eyewitness reports of fifty former veterans.

8.  The applicant provides eight 8X10 pictures which show a priest in his robe, a Soldier sitting in front of a wooden building, rifles and unidentified ammo placed on the ground, Soldiers standing in front of bunkers, three men who appear to be deceased lying on the ground partially unclothed, a Soldier standing next to a bunker without a shirt, and four Soldiers moving what appears to be two deceased male bodies who are partially clothed.
9.  The applicant provides a letter from the NPRC, St. Louis, Missouri, dated 5 March 2003, which states he is entitled to award of the Combat Infantryman Badge.

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

2.  Evidence of record shows the applicant was awarded MOS 11B and performed duties in MOS 11B as a rifleman while assigned to an infantry unit in Vietnam.  However, there is insufficient evidence which indicates he served in active ground combat in Vietnam.  Therefore, he has not met all of the requirements for award of the Combat Infantryman Badge as specified in Army Regulation 600-8-22.

3.  The photographs provided by the applicant as supporting evidence that he participated in active ground combat in Vietnam were duly noted; however, they are not sufficient as a basis for which to award the Combat Infantryman Badge.  Therefore, there is insufficient evidence for correcting his DD Form 214 to show this award.

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)                                         AR20080007412



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007412



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1