IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080009593 


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, he was attached to a combat infantry unit while serving in Vietnam from August 1968 to July 1969.  He also states that he needs to submit proof of his actual combat duty to the Department of Veterans Affairs (VA) in support of his claim.

3.  The applicant provides no additional documentary evidence.

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 service records show that he enlisted in the Regular Army for a period of 3 years on 20 March 1967.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 95B (Military Policeman).

3.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, Special Orders Number 106, dated 4 May 1967.  These orders show that the applicant was assigned to Company A, 8th Battalion, 3rd Training Brigade, U.S. Army School/Training Center, Fort Gordon, Georgia, on 2 June 1967, for training in MOS 11B (Light Weapons Infantryman).

4.  The applicant’s military service records contain a copy of Headquarters, U.S. Army School/Training Center, Fort Gordon, Georgia, Special Orders Number 154, dated 9 June 1967.  These orders show that the applicant was assigned to Company F, 12th Battalion, 4th Training Brigade (Military Police), U.S. Army Training Center, Fort Gordon, Georgia, on 6 June 1967, for training in MOS 95B (Military Policeman).

5.  The applicant’s military service records contain a copy of Headquarters, U.S. Army School/Training Center, Fort Gordon, Georgia, Special Orders Number 201, dated 27 July 1967.  These orders show that MOS 95B1O was awarded and designated the applicant’s primary MOS, effective 4 August 1967.

6.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record) that was audited by the applicant on 30 October 1969:  

     a.  Item 22 (Military Occupational Specialties) shows the applicant was awarded MOS 95B (Military Policeman) as his primary MOS on 4 August 1967.  This item also shows that this entry is lined-thru (i.e., was deleted) and MOS 11B (Light Weapons Infantryman) was designated as the applicant’s primary MOS on 12 January 1970.

     b.  Item 31 (Foreign Service) shows, in pertinent part, that the applicant served overseas in U.S. Army Europe (USAREUR) in the Federal Republic of Germany (FRG) from 8 January 1968 through 5 June 1968.  This item also shows that he served overseas in U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 15 July 1968 through 23 June 1969.

     c.  Item 38 (Record of Assignments) shows, in pertinent part, the applicant was assigned to Company A, 720th Military Police Battalion (RVN) from 18 July 1968 through 27 February 1969, with principal duty as a Military Policeman in duty MOS 95B.  This item also shows he was then assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade (RVN), from 6 March 1969 through 15 June 1969, with principal duty as a Military Policeman in duty MOS 95B2P.  This item further shows the applicant was medically evacuated from the RVN on 11 July 1969.

     d.  Item 38 (Record of Assignments) also shows, in pertinent part, that the applicant was assigned to 82nd Military Police Company, 82nd Airborne Division, Fort Bragg, North Carolina, from 13 October 1969 through 2 November 1969, with principal duty as a Military Policeman in duty MOS 95B1P.  This item shows that he was then assigned to Company C, 3rd Battalion, 505th Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina, from 3 November 1969 through 11 December 1969, with principal duty as an Assistant Machine Gunner in duty MOS 11B1P.  This item further shows he was subsequently assigned to Company C, 1st Battalion, 505th Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina, from 12 December 1969 through 18 March 1970, with principal duty as an Assistant Machine Gunner in duty MOS 11B1P.

7.  There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).

8.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant during his service in the RVN.

9.  The applicant’s military service records contain a DA Form 2496 (Disposition Form), dated 28 October 1969, subject:  Request for Reclassification and Reassignment.  This document shows that the applicant’s company commander requested the applicant be reclassified and reassigned from MOS 95B (Military Policeman) to any MOS deemed appropriate.  The reason for the company commander’s request was based on the applicant having received 3 DA Forms 2627 (Records of Proceedings Under Article 15, Uniform Code of Military Justice), Articles 15.

10.  The applicant’s military service records contain a DD Form 214, with an effective date of 19 March 1970.  Item 23a (Specialty Number and Title) shows he held MOS 11B1P, Light Weapons Infantryman, and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Parachutist Badge.  The DD Form 214 also shows the applicant was honorably released from active duty on 19 March 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  At the time, he was credited with completing
3 years, 0 months, and 0 days net service this period; 3 years, 0 months, and
0 days total active service; and 1 year, 3 months, and 7 days foreign service.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides for award of the Combat Infantryman Badge.  This paragraph states, in pertinent part, 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 or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

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 established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “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 Soldiers 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.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be awarded the Combat Infantryman Badge because he was attached to a combat infantry unit while serving in the RVN from August 1968 to July 1969.

2.  The evidence of record shows that during the applicant’s service in the RVN the applicant held MOS 95B (Military Policeman) while assigned to Company A, 720th Military Police Battalion (from 18 July 1968 through 27 February 1969) and he served as a Military Policeman in duty MOS 95B.  The evidence of record also shows that he was then assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade (from 6 March 1969 through 15 June 1969) and served as a Military Policeman in duty MOS 95B2P.

3.  There is no evidence of record that shows the applicant held or served in an infantry MOS or was assigned or attached to an infantry unit while serving in the RVN.  There are also no orders or other evidence to show the applicant was awarded the Combat Infantryman Badge.  Thus, the evidence of record fails to show that the applicant served as an infantryman who satisfactorily performed infantry duties, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit engaged in active ground combat, and that he actively participated in ground combat during his tour of duty in the RVN, or that he was awarded the Combat Infantryman Badge.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge.

4.  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)                                         AR20080009593



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ABCMR Record of Proceedings (cont)                                         AR20080009593



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