IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008

		DOCKET NUMBER:  AR20080009547 


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 that he be awarded the Combat Infantryman Badge.

2.  The applicant states he served as a radioman with an infantry unit during periods when the unit was engaged in combat operations.  Routinely personnel who served in this capacity were issued the Combat Infantryman Badge.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge); a 4 May 1970 statement from First Sergeant J____ O____; a letter from Retired Major General J____ R____; his Honorable Discharge Certificate; certificate of training as a radio operator; the citation, award certificate, and orders for his award of the Bronze Star Medal and the Army Achievement Medal; and orders showing his period of service in Vietnam, in support of his operation.

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 entered active duty on 14 August 1969, completed training, and was awarded the military occupational specialty (MOS) 05B (Radio Operator).

3.  The applicant served in Vietnam with Headquarters and Headquarters Company, 4th Battalion, 503rd Infantry Regiment from 8 March 1970 through 19 March 1971.

4.  On 4 May 1970, First Sergeant J____ O____, of Headquarters and Headquarters Company, 4th Battalion, 503rd Infantry Regiment, prepared a roster which shows the applicant was among the personnel selected to be utilized as a Reactionary Force for Landing Zone (LZ) North English.

5.  His DA Form 20 (Enlisted qualification Record) lists his awards as the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].

6.  The applicant was honorably released from active duty on 21 March 1971.  His DD Form 214 lists his awards as the Bronze Star Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  On 8 August 1972, the applicant was notified that he had been awarded the Army Commendation Medal.

8.  The applicant's records contain no indication that the applicant was considered for or awarded a Combat Infantryman Badge.

9.  Major General J____ R____, Retired, provided a letter supporting the applicant's request.  He states that there was a precedent in his unit and in all infantry units he served with in Vietnam to award radio telephone operators (RTO) the Combat Infantryman Badge.

10.  Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the Combat Infantryman Badge.  In effect, that paragraph states that there are three basic requirements for award of the Combat Infantryman Badge.  The enlisted Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit.  The Soldier must be recommended personally by each commander in the chain of command and approved at the division level. 

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  The regulation provided that the Combat Infantryman Badge was authorized for award to otherwise qualified personnel provided they were personally present and under fire.  The regulation went so far as to require documentation of the type and intensity of enemy fire encountered by the Soldier.  Categories of otherwise qualified personnel included infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments and radio telephone operators assigned or attached to an infantry unit of brigade, regimental, or smaller size.
  
DISCUSSION AND CONCLUSIONS:

1.  While the record shows the applicant was assigned to an infantry unit and to the Reactionary Force for LZ North English, there is no documentation that the applicant was personally present and under hostile fire while serving in these units.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080009547



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009547



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1