IN THE CASE OF:
BOARD DATE: 18 SEPTEMBER 2008
DOCKET NUMBER: AR20080012246
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 that he served in the 11th Infantry Brigade when he was in Vietnam from August 1969 through April 1970.
3. The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (DD Form 214).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army, in Brooklyn, New York, on 26 February 1969. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 2 August 1969 and he was assigned to Company D, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade.
3. General Orders Number 57 was published on 4 May 1970, awarding the applicant the Purple Heart for wounds that he received in action while in the Republic of Vietnam on 20 April 1970. According to the Western Union Telegram that was delivered to his parents on 21 April 1970, he was wounded by fragments from a booby trap while he was on a combat operation.
4. Upon the applicants release from the hospital in Vietnam, he returned to the Continental United States on 19 May 1970.
5. On 10 November 1970, the applicant was honorably retired by reason of physical disability. The DD Form 214 that he was furnished at the time of his retirement shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Purple Heart.
6. A review of the applicants records does not show that he served in active ground combat while he was in Vietnam. Further review of his records does not show that orders were ever published awarding him the Combat Infantryman Badge.
7. 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.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record the applicant must show 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.
2. The applicants records do not support his contention that he is entitled to the award of the Combat Infantryman Badge.
3. There are no orders contained in his official record awarding him the Combat Infantryman Badge and, in accordance with the applicable regulation, the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
4. While the applicants records do show that he was assigned to the 11th Infantry Brigade, and that he had an infantry MOS, the available records do not show that he served in active ground combat. He was awarded the Purple Heart for fragment wounds from a booby trap, which, at the time that he sustained his injury, was not considered as active ground combat. Therefore, he is not entitled to the award of the Combat Infantryman Badge.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20080012246
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ABCMR Record of Proceedings (cont) AR20080012246
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