IN THE CASE OF:
BOARD DATE: 4 September 2008
DOCKET NUMBER: AR20080009134
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 26 March 1967 to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he meets the criteria to be awarded the Combat Infantryman Badge.
3. The applicant provides his DD Form 214 and a 6-page extract from Army Regulation 600-8-22 (Military Awards) concerning of the Combat Infantryman Badge.
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 enlisted in the Regular Army on 29 May 1959 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11E (Armor Crewman). On 23 September 1960, he was awarded MOS 11D (Armor Intelligence Specialist). The applicant was honorably discharged on 28 May 1962 and immediately reenlisted on
29 May 1962.
3. The applicant arrived in Vietnam with F Troop, 17th Armored Cavalry, 196th Light Infantry Brigade on 15 July 1966 where he performed duties as a liaison sergeant.
4. The applicant departed Vietnam on or about 16 March 1967. On 26 March 1967, he was discharged due to unfitness with a characterization of service of general, under honorable conditions after completing a total of 7 years, 9 months, and 28 days of creditable active service with no lost time.
5. The applicant's DD Form 214 with the ending period of 26 March 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar, and the Marksman Marksmanship Qualification Badge with Carbine Bar.
6. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
7. 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. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 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.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was awarded MOSs 11E and 11D, and he served in Vietnam with F Troop, 17th Armored Cavalry, 196th Light Infantry Brigade. However, his military records do not show he held and served
in MOS 11B, 11C, 11F, 11G, or 11H during his military service in Vietnam. Therefore, there is insufficient evidence to show he is authorized award of the Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ 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.
__________xxxx________
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) AR20080009134
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ABCMR Record of Proceedings (cont) AR20080009134
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