IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080016646
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 12 April 1968 to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that his DD Form 214 is in error and should show award of the Combat Infantryman Badge.
3. The applicant provides 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 applicant was inducted into the Army of the United States on 13 June 1966 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 13B (Field Artillery Basic).
3. The applicant arrived in Vietnam and was assigned to B Battery, 2nd Battalion, 13th Artillery on or about 16 April 1967 where he performed duties as a cannoneer, prime mover (ammo carrier), and assistant gunner.
4. The applicant departed Vietnam on or about 11 April 1968. On 12 April 1968, he was honorably released from active duty in the rank of Sergeant (SGT)/E-5 after completing 1 year and 10 months of creditable active service with no time lost.
5. The applicant's DD Form 214 with the ending period of 12 April 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
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 personnel who have an infantry MOS. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was assigned to an Artillery Battery and his principal duties while in Vietnam were cannoneer, prime mover, and assistant gunner.
2. The three criteria for award of the Combat Infantryman Badge are to hold an infantry MOS and satisfactorily perform infantry duties, be assigned to an infantry unit engaged in active ground combat, and to actively participate in such ground
combat. The evidence of record shows that while serving in Vietnam his primary specialty was 13B in an artillery unit, which makes him ineligible for award of the Combat Infantryman Badge.
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) AR20080016646
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ABCMR Record of Proceedings (cont) AR20080016646
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