IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080017887
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 award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he is entitled to the Combat Infantryman Badge because he was assigned to the 716th Military Police Battalion in Saigon, Republic of Vietnam.
3. The applicant provides no additional documentary evidence 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 was inducted into the Army on 12 October 1965. He successfully completed basic combat training and advance individual training and was awarded military occupational specialty (MOS) 95B (Military Policeman).
3. The applicant arrived in the Republic of Vietnam on 20 March 1966 and was assigned to the 716th Military Police Battalion until he departed the Republic of Vietnam on 19 March 1967. He was honorably released from active duty on
11 October 1967.
4. There are no orders in the applicant's records for award of the Combat Infantryman Badge and there is no evidence showing he was recommended for the award.
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. The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the Combat Infantryman Badge has been carefully reviewed and found to be without merit.
2. Evidence of record shows the applicant served as a military policeman during his assignment in the Republic of Vietnam. There is no evidence of record which shows the applicant held an infantry MOS and served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in the Republic of Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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) AR20080017887
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ABCMR Record of Proceedings (cont) AR20080017887
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