IN THE CASE OF:	  

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080013614 


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, award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was advised before leaving Vietnam that he was entitled to award of the Combat Infantryman Badge.   

3.  In support of his application, the applicant provides copies of his citation for the Army Commendation Medal and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 records show that he was inducted into the Army of the United States in pay grade E-1 on 2 September 1969.  He completed basic combat and advanced training and was awarded military occupational specialty (MOS) 63A (Mechanic Maintenance Apprentice).  He served in Vietnam from
9 May 1970 to 12 April 1971 and was assigned to Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry, 4th Infantry Division.  

3.  The applicant was released from active duty as an Overseas Returnee in pay grade E-4 on 12 April 1971 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Driver and Mechanic Badge, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  The Combat Infantryman Badge is not listed.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Combat Infantryman Badge.

6.  The applicant submits a copy of his citation for the Army Commendation Medal that shows he was presented this award for his meritorious achievement in connection with military operations against an armed hostile force in the Republic of Vietnam during the period from 1 October to 8 November 1970.

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.  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 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 military occupational specialty 11B, 11C, 11F, 11G, or 11H.





DISCUSSION AND CONCLUSIONS:

1.  The regulation governing award of the Combat Infantryman Badge specifically states that to be eligible for this badge a Soldier must have an infantry military occupational specialty, and have served in an infantry unit of regimental or smaller size, during such times as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  The Soldier must actually have been personally present and under hostile fire.  

2.  The applicant’s records show he served in an infantry unit in the Republic of Vietnam and indicates he was exposed to active ground combat against the enemy.  However, the evidence of record does not confirm that he held or was ever awarded an infantry MOS during his period of service, which is a requirement for award of the combat infantryman badge.

3.  It is noted that because a Soldier served in an infantry unit and was exposed to or participated in active ground combat, he was not automatically entitled to award of the Combat Infantryman Badge.  In all cases, the burden of proof rests with the applicants to submit substantiating proof of their entitlement for awards in the absence of evidence in their records.  The applicant’s submission was reviewed and found to be insufficient as a basis for award of the Combat Infantryman Badge.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

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

___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)                                         AR20080013614



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ABCMR Record of Proceedings (cont)                                         AR20080013614



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