IN THE CASE OF:	  

		BOARD DATE:	       7 October 2008

		DOCKET NUMBER:  AR20080010989 


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 either the Combat Action Badge (CAB) or the Combat Infantryman Badge (CIB) and any other awards to which he is entitled to receive.

2.  The applicant states that he deployed to Vietnam with the 2nd Battalion, 32nd Field Artillery Regiment and was assigned to either the 41st or 42nd Infantry Regiment while in country and worked as a surveyor for that unit. 

3.  The applicant provides no additional documents with 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 enlisted in Portland, Oregon on 4 January 1971 for a period of
2 years.  He completed his training as an artillery survey specialist (82C) and was transferred to Vietnam on 5 June 1971.  The record is silent as to what unit he was assigned to while serving in Vietnam.  He was advanced to the pay grade of E-4 on 19 August 1971 and departed Vietnam on 17 April 1972 for assignment to Fort Sill, Oklahoma.  

3.  On 25 June 1973, he was honorably discharged for the purpose of immediate reenlistment.  He had served 2 years, 5 months, and 22 days of total active service and was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960). 

4.  On 26 June 1973, he reenlisted for a period of 5 years and remained at Fort Sill until he was transferred to Germany on 13 March 1974.  He was promoted to the pay grade of E-6 on 22 November 1976 and remained in Germany until 19 May 1977, when he was transferred back to Fort Sill.

5.  On 23 June 1978, he was honorably discharged due to the expiration of his term of service (ETS).  He had served 7 years, 5 months, and 20 days of total active service and was awarded the NDSM, the VSM with three bronze service stars, the Good Conduct Medal (2nd award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.   

6.  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.
 
7.  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 military occupational specialty (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.

8.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.  

9.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

10.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that the CAB did not exist at the time the applicant served in Vietnam and is not authorized for retroactive award during that period, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he actively engaged the enemy in combat.  Accordingly, there is no basis to award him the CAB. 

2.  Likewise, while the CIB was an authorized award during the Vietnam War, individuals were required to possess an infantry military occupational specialty (MOS), to be assigned to an infantry unit and to have actively engaged the enemy while serving in that capacity.  Accordingly, there appears to be no basis to award him the CIB as well.
3.  A review of the available records fails to show that the applicant is entitled to any awards that are not already recorded in his records.  

4.  Therefore, in the absence of evidence to show that he is entitled to additional awards, there appears to be no basis to grant his request. 

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)                                         AR20080010989



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ABCMR Record of Proceedings (cont)                                         AR20080010989



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