IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080018859
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 that he served as an infantryman in combat and was on patrols at two firebases and believes his record is incomplete. He adds that he did not know that some of his awards are not listed until recently.
3. The applicant did not provide any additional documentary evidence in support of his request.
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 records show he was inducted into the Army of the United States on 23 March 1970. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 23 November 1971.
3. The applicants records show he served in the Republic of Vietnam from on or about 21 August 1970 to on or about 25 August 1971. He was assigned as follows:
a. from on or about 21 August 1970 to on or about 23 October 1970, he was assigned as a rifleman to Company B, 1st Battalion, 46th Infantry, 196th Infantry Brigade; and
b. from on or about 24 October 1970 to on or about 25 August 1971, he was assigned as a supply clerk to Headquarters and Headquarters Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and two Overseas Service Bars. Item 24 does not show award of the Combat Infantryman Badge.
5. There are no general orders in the applicant's records that show he was awarded the Combat Infantryman Badge.
6. 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 military occupational specialty (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Combat Infantryman Badge.
2. The applicant's infantry MOS and assignment to an infantry unit in the Republic of Vietnam are not in question. Additionally, the applicant's sincerity with regards to his participation in patrols at various firebases in the Republic of Vietnam is also not in question.
3. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon 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.
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) AR20080018859
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ABCMR Record of Proceedings (cont) AR20080018859
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