IN THE CASE OF:
BOARD DATE: 18 November 2008
DOCKET NUMBER: AR20080013747
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, in effect, that the Combat Infantryman Badge was never put on his DD Form 214 (Report of Transfer or Discharge), that he had an infantry military occupational specialty (MOS), and that he received the Bronze Star Medal with First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force in Vietnam.
3. The applicant provides a copy of his DD Form 214 and orders for the Bronze Star Medal with First Oak Leaf Cluster in support of 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 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 applicants military records are not available to the Board. This case is being considered using reconstructed records, which primarily consists of his DD Form 214 and the orders for the Bronze Star Medal with First Oak Leaf Cluster.
3. The applicant enlisted on 29 August 1968 for a period of 2 years. He served in MOS 11C (infantry indirect fire crewman) in Vietnam from 6 March 1969 to
5 March 1970 and was released from active duty on 28 August 1970.
4. The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award.
5. There are no orders for the Combat Infantryman Badge in the available records.
6. In support of his claim, the applicant provided Headquarters, 25th Infantry Division General Orders Number 949, dated 24 January 1970, which show he received the Bronze Star Medal with First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force in Vietnam during the period March 1969 to March 1970. These orders also show the applicant was assigned to Company E, 2nd Battalion, 27th Infantry.
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 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 has advised, in similar cases during the Vietnam era that 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:
There are no orders for the Combat Infantryman Badge. Although the evidence of record shows the applicant held and served in an infantry MOS in Vietnam, and the orders provided by the applicant show he served in connection with military operations against a hostile force in Vietnam, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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.
_________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) AR20080013747
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