IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080014552
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 the Combat Infantryman Badge.
2. The applicant states he served as an executive officer in Vietnam with the 1st Infantry Division from 15 August 1967 to 16 August 1968.
3. The applicant provides copies of two DD Forms 214 (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 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 entered active duty in the Regular Army on 15 March 1966 and served in an enlisted status until 9 February 1967 when he was discharged to accept a commission.
3. The applicant was commissioned a second lieutenant on 10 February 1967.
4. His records show he served in Vietnam for 11 months as the Executive Officer for Headquarters and Headquarters Company and Band, 1st Infantry Division Support Command.
5. The applicant was awarded the Bronze Star Medal for meritorious service with Headquarters and Headquarters Company and Band, 1st Infantry Division Support Command.
6. The applicant was released from active duty on 12 June 1969. His DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, two Air Medals, and the Bronze Star Medal.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge; that a Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served as an executive officer in Vietnam with the 1st Infantry Division from 15 August 1967 to 16 August 1968.
2. The available records fail to show that the applicant served with an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Therefore, there is no basis to award the applicant 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. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20080014552
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