IN THE CASE OF:	  

		BOARD DATE:	  9 September 2008

		DOCKET NUMBER:  AR20080009693 


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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he was a member of a Calvary unit whose mission was mainly reconnaissance and that he served several functions.  He further states he served as a track commander on a Sheridan tank, a track commander on an armored personal carrier, and at times he served as a dismounted ambush patrol leader.  He further states he received the Bronze Star Medal with "V" Device for entering enemy tunnels and he was wounded in combat. 

3.  The applicant provides a copy of his orders for award of the Bronze Star Medal with "V" Device and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 October 1971 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 enlisted in the Regular Army on 10 October 1968 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 11E (Armor Crewman).

3.  On 17 June 1969, the applicant was promoted to sergeant/pay grade E-5 in MOS 11E40.

4.  The applicant was assigned to B Troop, 3rd Squadron, 4th Calvary, 25th Infantry Division in the Republic of Vietnam during the period from 19 October 1969 to 2 October 1970.  He was assigned in MOS 11E4O as a tank driver from 19 October 1969 and in MOS 11E40 as a tank commander from 3 March 1970 until the end of his tour.

5.  The applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 9 January 1970.

6.  The applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 
31 January 1970.  According to the citation the applicant, while on a reconnaissance mission, with complete disregard for his own safety, volunteered to enter a tunnel complex to capture enemy soldiers or equipment.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that 
on 24 April 1970 the applicant was assigned the additional MOS 11B (Light Weapons Infantryman) and on 20 July 1970 he was assigned a secondary MOS of 11D (shown as Personnel Carrier Crewman).

8.  The applicant was also awarded a Bronze Star Medal for meritorious service and an Army Commendation Medal for meritorious achievement during his tour in Vietnam.  He was also awarded an Army Commendation Medal with "V" Device for heroism on 10 June 1970.

9.  On 8 October 1971, the applicant was released from active duty due to the expiration of his term of service.  He had served 2 years, 11 months, and 
29 days of active service that was characterized as honorable.


10.  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.

11.  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:

1.  The applicant contends he should be awarded the Combat Infantryman Badge based on his having performed duties as an infantryman.

2.  The applicant's records show he was assigned primary duties in MOS 11E as a tank driver and tank commander while in the Republic of Vietnam.

3.  The applicant was awarded a Bronze Star Medal with "V" Device and the Purple Heart.  However, the dates the applicant became entitled to these awards were well before he was assigned an additional MOS of 11B.

4.  Although the applicant was assigned an additional MOS of 11B, there is no evidence or official documentation that the applicant's primary duties were changed from 11E to 11B.  

5.  In view of the above, there is no evidence or official documentation that the recipient was 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.

6.  In the absence of evidence, which shows the applicant was awarded the Combat Infantryman Badge or met the regulatory requirements for the Combat Infantryman Badge, there is insufficient evidence upon which to base an award of the Combat Infantryman Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.


2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




      _______ _   _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)                                         AR20080009693





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ABCMR Record of Proceedings (cont)                                         AR20080009693



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