IN THE CASE OF:	

		BOARD DATE:	      7 April 2009

		DOCKET NUMBER:  AR20080017775 


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 Ribbon."  Since there is no authorized award known as a Combat Ribbon and the Combat Action Badge did not become in to effect until 18 September 2001 it is reasonable to assume that the applicant is referring to award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in combat while attached to the Advisory Team 1, I Corps.  He came under fire, returned fire, and was wounded by enemy shrapnel.  He was with an infantry unit and considers himself a combat veteran.

3.  The applicant provides no supporting documentation.

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 enlisted in the Regular Army on 29 March 1966, completed training, and was awarded military occupational specialty (MOS) 72C (Telephone Switchboard Operator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with Company A, 37th Signal Battalion, 1st Signal Brigade from 1 August 1967 through 12 January 1969.  It also lists his awards as the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

4.  The applicant was honorably released from active duty on 15 January 1969.  His DD From 214 (Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  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.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  

6.  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 specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “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 and warrant officer persons 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he came under fire and considers himself a combat veteran.

2.  The record does not show and the applicant has not provided any documentation to show he served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size when the unit participated in active ground combat.  Therefore, the available evidence is not sufficient to support award of the Combat Infantryman Badge.

3.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.  

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)                                         AR20080017775



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ABCMR Record of Proceedings (cont)                                         AR20080017775



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