IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080016457
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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he served in an infantryman military occupational specialty (MOS) and was involved in combat in Vietnam. He also states, in effect, that he believes he deserved the Combat Infantryman Badge and he never received it.
3. In support of his application, the applicant provides copies of pages 1 and 3 of his DA Form 20 (Enlisted Qualification Record) and his 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 applicants military records show that he was inducted into the Army of the United States, in pay grade E-1, on 27 September 1965. He completed basic combat and advanced training and was awarded MOS 11B (Light Weapons Infantryman). He served in that MOS with Headquarters and Headquarters Company, 2nd Battalion (Airborne), 503rd Infantry and Company A, 2nd Battalion (Airborne), 503rd Infantry, in Vietnam, from 16 April 1966 through 15 April 1967.
3. The applicant was released from active duty at the expiration of his term of service, in pay grade E-2, on 26 September 1967, and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
4. Entries on the applicants DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards: the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar. The Combat Infantryman Badge is not listed.
5. There are no orders in the applicants service personnel records that show he was awarded the Combat Infantryman Badge. His DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).
6. Army Regulation 600-8-22 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.
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 be serving in an infantry MOS, 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 applicants records show he served in an infantry MOS and in an infantry unit in the Republic of Vietnam; however, the evidence of record does not confirm that he was personally present and participated in active ground combat while assigned or attached to an infantry unit. His records do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.
3. A Soldier serving in an infantry MOS and in an infantry unit alone is insufficient to warrant award of the Combat Infantryman Badge. In all cases, the burden of proof rests with applicants to submit substantiating proof of their entitlement for awards in the absence of evidence in their records. The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during his service in the Republic of Vietnam.
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) AR20080016457
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ABCMR Record of Proceedings (cont) AR20080016457
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