IN THE CASE OF:	 

		BOARD DATE:	  23 October 2008

		DOCKET NUMBER:  AR20080008912 


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 and "sniper badge."

2.  The applicant states he "never received my infantry badge and my sniper badge."  He further states he earned these badges and he deserves to have them.

3.  The applicant provides no additional evidence or official documentation 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 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 military personnel record shows he was inducted on 
12 August 1966 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 31B (Communications Specialist).

3.  The applicant was assigned to Headquarters and Headquarters Company, 
1st Battalion, 8th Cavalry, 1st Cavalry Division in the Republic of Vietnam during the period from 3 March 1967 to 25 February 1968.  During this period the applicant was assigned duties as an infantry radio mechanic and a wireman (MOS 36K).

4.  On 8 August 1968, the applicant was released from active duty by reason of his completion of his term of service.  He had completed 1 year, 11 months, and 27 days of active service that was characterized as honorable.

5.  There are no orders in the applicant's military personnel records showing he was awarded the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  There are no provisions for the award of a "snipers badge" included in this regulation.

7.  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, 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.

8.  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.


9.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), then in effect, 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.

10.  U.S. Army Vietnam  Regulation No 672-1, Combat Infantryman Badge Guidance, then in effect, provided that radio/telephone operators, MOS 05B (Radio Operator/Radio Operator Supervisor), are only entitled to the Combat Infantryman Badge if their primary duty was to accompany infantry or infantry-type units on tactical operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Combat Infantryman Badge and the "snipers badge."

2.  The applicant was awarded the MOS 31B and while in Vietnam he was assigned duties in MOSs 31B and 36K.  Neither of these MOSs are infantry MOSs.  Therefore, the applicant did not meet the regulatory requirements for award of the Combat Infantryman Badge as an infantryman.

3.  USARV Regulation No. 672-1 provided for award of the Combat Infantryman Badge to Soldiers with the MOS 05B and whose primary duty was to accompany infantry or infantry-type units on tactical operations.  The applicant's MOS was 31B and there is no evidence that he accompanied infantry or infantry-type units on tactical operations.  Therefore, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge as a radio operator/radio operator supervisor.

4.  Army Regulation 600-8-22 has no provisions for the award of a "sniper badge."  Therefore, there are no provisions for 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)                                         AR20080008912





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008912



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1