IN THE CASE OF:
BOARD DATE: 02 OCTOBER 2008
DOCKET NUMBER: AR20080007890
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 was exposed to combat while serving in the Republic of Vietnam in 1969 and 1970 with 2nd Battalion, 77th Artillery Regiment, 25th Infantry Division. He also states that he received the Army Commendation Medal for meritorious achievement in the Republic of Vietnam.
3. The applicant provides a certificate showing that he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from April 1969 to April 1970 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 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 records show that he was inducted into the Army of the United States on 29 October 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (Basic Field Artilleryman). He departed for the Republic of Vietnam on 4 April 1969, and served in MOS 13A with Battery A, 2nd Battalion, 77th Artillery Regiment, 25th Infantry Division. He returned to the continental United States on 1 April 1970, and was stationed at Fort Sill, Oklahoma until he was honorably released from active duty on 28 October 1970. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his release from active duty shows that he was awarded the Army Commendation Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).
3. The applicant essentially requested that he be awarded the Combat Infantryman Badge, and provided a certificate which shows that he was awarded the Army Commendation Medal during his service in Vietnam. However, the applicant did not possess or serve in an infantry MOS during his tour in Vietnam. He also was not assigned to an infantry unit of brigade, regimental or smaller size during his service in Vietnam.
4. Army Regulation 600-8-22 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. 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 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.
5. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge.
2. As the applicant did not possess or serve in an infantry MOS at any time during his service in Vietnam, or was assigned to an infantry unit of brigade, regimental or smaller size, there is no basis for awarding him 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 he made 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) AR20080007890
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