IN THE CASE OF:	  

		BOARD DATE:	  	  19 February 2009

		DOCKET NUMBER:  AR20080016888 


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, he served in Vietnam as a light weapons infantryman and saw combat on several occasions, but his discharge document does not show the Combat Infantryman Badge.  He adds that he suffers from Post Traumatic Stress Disorder and needs assistance from the Department of Veterans Affairs (VA).

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of
18 February 1972 and United States Senate, Washington, District of Columbia, letter, dated 23 September 2008.

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 personnel records show he was inducted into the Army of the United States and entered active duty for a period of 24 months on 12 August 1970.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant’s military personnel records contain a copy of Headquarters, 
U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, Special Orders Number 336, dated 2 December 1970, that show the applicant was awarded MOS 11B1O as his primary MOS (PMOS) effective 19 December 1970.

4.  The applicant’s military personnel records contain a copy of Headquarters, 
101st Airborne Division (Airmobile) (Vietnam), Special Orders Number 210, dated 29 July 1971, that show the applicant was awarded MOS 71B2O (Clerk Typist) as his secondary MOS (SMOS) effective 29 July 1971.

5.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record):

     a.  Item 22 (Military Occupational Specialties) shows he was awarded MOS
11B as his PMOS on 19 December 1970 and MOS 71B as his SMOS on
29 July 1971.

     b.  Item 31 (Foreign Service) shows that he served in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 7 January 1971 through
17 December 1971.

     c.  Item 38 (Record of Assignments), in pertinent part, shows that while serving in the RVN, the applicant was assigned to the 101st Administration Company (Airmobile), 101st Airborne Division (Airmobile), from 24 January to 
17 December 1971.  This item also shows he performed primarily as a clerk typist with the Adjutant General’s office during this period.

     d.  Item 41 (Awards and Decorations) fails to show he was authorized award of the Combat Infantryman Badge.

6.  The applicant’s military personnel records did not contain any orders for awarded the Combat Infantryman Badge.  In addition, a search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing award of the Combat Infantryman Badge to the applicant.

7.  The applicant’s military personnel records contain a copy of Headquarters, 
101st Airborne Division (Airmobile), General Orders Number 11778, dated
4 December 1971, that show he was awarded the Bronze Star Medal for meritorious service for the period January 1971 to January 1972.

8.  The applicant's military personnel records contain a copy of his DD Form 214 that shows he entered active duty this period on 12 August 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The DD Form 214 also shows the applicant was honorably released from active duty on 18 February 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 1 year,
6 months, and 7 days of net active service this period and 11 months and
11 days of foreign service.

9.  In support of his request, the applicant provides, in pertinent part, a copy of United States Senate, Washington, District of Columbia, letter, dated
23 September 2008, that shows on behalf of Senator Patty M_____, Ms. Kim B____, Senior Constituent Representative, advised the applicant, “I note your (sic) were with 11 Bravo, which means you should of (sic) received a Combat Infantry (sic) Badge (CIB).  I have enclosed the necessary forms for you to apply to have the Army Board of Military Records (sic) correct your DD214 (sic) of military service to include a CIB.  In addition, can you provide a copy of your citation that accompanied your Bronze Star Medal?  A citation noting combat action or a CIB would satisfy the VA requirement in proving your stressors were combat related.  I feel either one of these two pieces of information would greatly support your claim.”

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge because he served in the RVN in MOS 11B as a Light Weapons Infantryman, and saw combat on several occasions.

2.  The evidence of record shows that during the applicant’s service in the RVN (i.e., from 7 January through 17 December 1971) the applicant held MOS 11B as his PMOS and MOS 71B as his SMOS.  While the evidence of record shows the applicant possessed an infantry MOS during his service in the RVN, the evidence of record also shows he was assigned to the 101st Administration Company (Airmobile), 101st Airborne Division (Airmobile) from 24 January to 17 December 1971 and that he performed his principal duty in DMOS 71B2O (Clerk Typist) during this period.

3.  There is no evidence that shows the applicant was assigned or attached to an infantry unit or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in the RVN.  Therefore, the evidence of record fails to support the applicant’s claim to the Combat Infantryman Badge in this case.

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)                                         AR20080016888



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ABCMR Record of Proceedings (cont)                                         AR20080016888



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