IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080007449
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 award of the Combat Infantryman Badge.
2. The applicant states, in effect, he should be awarded the Combat Infantryman Badge because while in Vietnam he was in the Combat Engineers and worked alongside the infantry clearing the jungle for setting up base camps, building roads, and bunkers.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his 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 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's military personnel record shows he was inducted on 8 July 1969. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 12A (Pioneer).
3. On 15 December 1969, the applicant was assigned duties in MOS 12A with Company D, 299th Engineer Battalion in the Republic of Vietnam.
4. Effective 12 February 1970, the applicant was awarded the MOS 12B (Combat Engineer). He returned to the United States on 6 November 1970 and was assigned to Fort Belvoir, Virginia until his release from active duty.
5. On 4 August 1971, the applicant was released from active duty. He had completed 2 years and 26 days of active service that was characterized as honorable.
6. Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge. This paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. 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. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.
7. 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. The applicant's records show he was assigned duties in MOSs 12A and 12B, (both non-infantry MOSs), and that he was assigned to the 229th Engineer
Battalion while he was in the Republic of Vietnam. Therefore, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge.
3. 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 that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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 our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20080007449
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ABCMR Record of Proceedings (cont) AR20080007449
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