IN THE CASE OF:	  

	BOARD DATE:	  28 AUGUST 2008

	DOCKET NUMBER:  AR20080010019 


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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.  He also requests to receive a copy of the orders awarding him the badge.

2.  The applicant states that he saw the award orders but they were never inserted into his personnel records.

3.  The applicant provides no supporting documentation.

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.  At the time of his application, the applicant was retired from the Regular Army in the rank of staff sergeant, pay grade E-6.

3.  On 22 October 1953, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 121.20 (Combat Engineer).  

4.  On 18 February 1954, the applicant was discharged for the purpose of immediate reenlistment in the Regular Army.  Accordingly, he reenlisted on 
19 February 1954 and served through a series of assignments both overseas and in the United States.

5.  On 25 January 1967, the applicant was assigned for duty as a combat engineer and squad leader with the 15th Engineer Battalion, 9th Infantry Division, in the Republic of Vietnam. 

6.  On 12 August 1967, the applicant was reassigned for duty as a construction foreman with the 168th Combat Engineer Battalion, in the Republic of Vietnam. He performed this duty until his return to the United States on 9 January 1968.

7.  Effective 6 August 1974, the applicant’s MOS was reclassified to 51P (Utilities Foreman).  

8.  On 31 August 1975, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Retired). He had completed 20 years and 16 days of creditable active duty.

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, effective 31 August 1975, does not show award of the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) 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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  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.

11.  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 evidence of record clearly shows that the applicant was awarded a combat engineer MOS and was assigned to an engineer battalion in the Republic of Vietnam.  

2.  There is no available evidence showing that the applicant was ever awarded an infantry MOS or had served in active ground combat as an infantryman with an infantry unit of brigade, regimental, or smaller size.

3.  In view of the above, the applicant’s request for award of the Combat Infantryman Badge should be denied. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.



      ___        XXX                ___
                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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010019



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