IN THE CASE OF:	  

		BOARD DATE:	        18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080012634 


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 his military records be corrected to show that he was awarded the Combat Infantryman Badge.

2.  The applicant states that he served in the United States Army from 24 January 1968 through 11 February 1969.  He states that he was a light weapons Infantryman with Company A, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division during the Vietnam War.  He states that he was in combat 3 months and 28 days with his unit until he was wounded in action during combat and received the Purple Heart.  He states that he was in ground combat against enemy forces and that he should have been awarded the Combat Infantryman Badge.

3.  The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (DD Form 214); a copy of his Correction to DD Form 214 (DD Form 215); and a copy of Permanent Orders 352-06, dated 18 December 2006 amending the name on the orders that awarded him the Purple Heart.

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 was inducted into the Army in Florence, South Carolina, on 24 January 1968.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 26 June 1968 and he was assigned to Company A, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.

3.  In a Western Union Telefax dated 19 September 1968, the applicant’s mother was notified that the applicant was wounded on 17 September 1968, as a result of hostile action.  According to the telefax, he was on a combat operation, walking beside a military vehicle when the vehicle hit a hostile mine.

4.  Upon the applicant’s release from the hospital, he returned to the Continental United States on 24 October 1968.  

5.  On 1 November 1968, General Orders Number 57 was published awarding the applicant the Purple Heart for wounds received in operations against a hostile force on 17 September 1968.

6.  On 11 February 1969, the applicant was honorably retired and he was placed on the Temporary Disability Retired List.  The DD Form 214, he was furnished at the time of retirement shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

7.  On 29 December 2006, the applicant was furnished a DD Form 215 to delete the Vietnam Service Medal from his DD Form 214 and to add the Vietnam Service Medal w/two bronze service stars, the Purple Heart, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation (Second Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.





8.  A review of the applicant’s 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.

9.  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 applicant’s 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 applicant’s records do show that he was assigned to the 27th 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 wounds that he received when a military vehicle hit a hostile mine, 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)                                         AR20080012634



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012634



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1