IN THE CASE OF:	  

	BOARD DATE:	  29 July 2008

	DOCKET NUMBER:  AR20080008477 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.

2.  The applicant states that he served as a combat infantry mortar man with the 12th Infantry Regiment in the Republic of Vietnam.  His Combat Infantryman Badge was never recorded on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, effective 31 July 1969.

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.  On 12 August 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 45G (Turret Artillery Repairman).

3.  On 16 February 1967, the applicant was assigned to the United States Army, Europe, for duty as a turret mechanic with the 3rd Armored Cavalry Regiment.  

4.  On 20 March 1968, the applicant’s MOS was reclassified to 11C (Infantry Indirect Fire Crewman).

5.  On 24 July 1968, he returned to the United States, for duty at Fort Lewis, Washington.

6.  On 9 January 1969, the applicant was assigned for duty as a team leader with the 12th Infantry Regiment, 4th Infantry Division, in the Republic of Vietnam.

7.  On 29 July 1969, the applicant returned to the United States.  He was released from active duty on 31 July 1969 and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E-5, and had completed 2 years, 11 months, and 19 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, effective 31 July 1969, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar, and the Republic of Vietnam Campaign Medal [with “1960-“Device].  It does not show award of the Combat Infantryman Badge.

9.  Item 41 (Awards and Decorations) of the applicant’s Enlisted Qualification Record (DA Form 20) lists the same awards as shown on his DD Form 214, effective 31 July 1969.

10.  On 16 April 1971, the applicant enlisted, as a prior service Soldier, in the Regular Army for 4 years.  He was absent without leave (AWOL) during the periods from 28 April to 2 August 1971; 19 August to 10 November 1971; and 
23 November 1971 to 1 March 1972.  He was discharged on 19 April 1972, under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had completed a total of 3 years, 2 months, and 15 days of creditable active duty and had accrued 281 days of loss time due to AWOL.

11.  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.

12.  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:

The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, the applicant’s request should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008477



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