IN THE CASE OF:
BOARD DATE: 03 FEBRUARY 2009
DOCKET NUMBER: AR20080017266
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, that he be awarded the Combat Infantryman Badge.
2. The applicant essentially states that he served as an Infantryman in Vietnam, but was never awarded the Combat Infantryman Badge. He also states that he was never advised by his command of this badge, but that he met the criteria for award of the Combat Infantryman Badge.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and orders, dated 27 September 1972, which released him from active duty on 29 September 1972 in support of this 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 applicant's military records show that he enlisted in the Regular Army on 31 December 1969. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He departed for the Republic of Vietnam on 26 June 1970, and served as a Rifleman in duty MOS 11B with Company B, 2nd Battalion, 501st Infantry Regiment. He departed Vietnam on or about 9 October 1970, and began a tour in Korea on 21 October 1970. He returned to the continental United States on 13 July 1971, and served at Fort Carson, Colorado until he was honorably released from active duty on 29 September 1972. The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal with One Bronze Service Star, the Republic of Vietnam Campaign Medal with 1960 Device, and the Expert Marksmanship Qualification Badge with Rifle Bar.
3. The applicants DD Form 214 and DA Form 20 (Enlisted Qualification Record) do not show that he was awarded the Combat Infantryman Badge. There are no orders in his military records which awarded him the Combat Infantryman Badge.
4. 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. The Soldier must be an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge.
2. Although the applicant possessed and served in an infantry MOS with an infantry unit of brigade, regimental or smaller size during his tour in Vietnam, there is no evidence in his military records, and the applicant failed to provide any evidence which shows that his unit engaged in active ground combat or that he actively participated in ground combat. In view of the foregoing, there is insufficient basis for awarding the Combat Infantryman Badge to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20080017266
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ABCMR Record of Proceedings (cont) AR20080017266
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