IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080019063
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 the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 December 1965.
2. The applicant states that he was an 11B (Light Weapons Infantryman) in Vietnam from August 1965 through December 1965 and that he was part of a team that established the headquarters for the 1st Cavalry Division while in Vietnam.
3. The applicant provides his DD Form 214.
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 of the United States on
12 December 1963 and successfully completed basic combat and advanced individual training. Upon completion of required training he was awarded military occupational specialty (MOS) 11B.
3. The applicant arrived in Vietnam and was assigned to D Company, 2nd Battalion, 12th Cavalry, 1st Cavalry Division on or about 15 August 1965 where he performed duties as a scout observer. The applicant departed Vietnam on or about 23 November 1965. On 11 December 1965 he was honorably released from active duty after completing 2 years of creditable active service and transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.
4. The applicant's DD Form 214 for the period ending 11 December 1965 shows he was awarded the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol and Grenade Bar.
5. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was awarded an infantry MOS and that he served in a infantryman position with D Company, 2nd Battalion, 12th Cavalry, 1st Cavalry Division. However, there is no evidence he participated in active ground combat during the time he served with the 12th Cavalry. There are no orders showing he was awarded the Combat Infantryman Badge. Therefore, there is insufficient evidence to show he is eligible for the Combat Infantryman Badge.
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) AR20080019063
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ABCMR Record of Proceedings (cont) AR20080019063
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