IN THE CASE OF:	  

		BOARD DATE:	        16 October 2008

		DOCKET NUMBER:  AR20080008086 


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, award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he should have received the Combat Infantryman Badge for his service in the Republic of Vietnam.  He further states that he was involved in frontline combat at least once a week and also every night that his unit was in the jungle.  The applicant concludes that he has a Post Traumatic Stress Disorder claim before the BVA [Board of Veterans' Appeals] and he would need to prove stressors if he had a 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) as additional documentary evidence 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 record shows that he enlisted into the Regular Army and entered active duty on 21 November 1966.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty (MOS) 36K (Wireman).  At a later date, his MOS was reclassified to 31B (Field Radio Mechanic).  The highest rank he attained while serving on active duty was the rank of sergeant (SGT)/pay grade E-5.

3.  Item 27 (Military Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he attended and successfully completed the Wireman course in 1967 and was awarded MOS 36K.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows his primary MOS as 31B effective 23 June 1967.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the applicant was assigned to the 6th Battalion of the 11th Artillery Regiment in the 11th Light Infantry Brigade, at first, as a Radio Mechanic in Duty MOS 31B and ultimately as a Commo [Communications] Chief in Duty MOS 36K.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not include the Combat Infantryman Badge.

6.  The applicant's available service personnel records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.

7.  A thorough review of the applicant's available service personnel records did not reveal any evidence that the applicant served in an infantry MOS, or any other MOS, while participating in active ground combat with enemy forces.

8.  The applicant's DD Form 214 shows that on 31 July 1969, he was released from active duty with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Reinforcement) after completing 2 years, 8 months, and 11 days of active military service.  Item 23a (Specialty Number and Title) of the DD Form 214 shows the applicant served as a 31B (Field Radio Mechanic) during this period of active service.


9.  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.  The applicant authenticated the administrative accuracy of this document with his signature in Item 32 (Signature of Member Being Transferred or Discharged) on the date of his separation. 

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge for his service in the Republic of Vietnam was carefully considered.  However, by regulation, in order to support award of the Combat Infantryman Badge, there must be evidence that a member served in an infantry MOS in an infantry unit and that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Evidence shows the applicant served in MOS 31B and MOS 36K, neither of which is an infantry MOS, during his entire period of active duty service.

2.  The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.  The Combat Infantryman Badge is not included in the list of awards and decorations contained in Item 41 of the applicant's DA Form 20.

3.  Further, the Combat Infantryman Badge is also not included in the list of awards and decorations contained in Item 24 of his DD Form 214, which he authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information on the separation document, to include his primary specialty and the list of awards, were correct at the time the separation document was prepared and issued.  Although the evidence of record shows the applicant was assigned to an infantry unit, there is no evidence that he was performing infantry duties or evidence confirming he was personally present and participating with the unit while it was engaged in active ground combat with enemy forces.  As a result, the regulatory burden of proof necessary to support award of the Combat Infantryman Badge has not been satisfied in this case.  Therefore, there is no basis upon which to grant the requested relief.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  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.  

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)                                         AR20080008086



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ABCMR Record of Proceedings (cont)                                         AR20080008086



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