IN THE CASE OF:
BOARD DATE: 30 APRIL 2009
DOCKET NUMBER: AR20080019928
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 was assigned to Company B, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division on 29 March 1969 and he was awarded a light weapons infantryman (11B20) military occupational specialty for 7 and 1/2 months. He states that he was also assigned to different "fire bases" when he was in Vietnam as point man on various assignments such as night patrols.
3. The applicant provides in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of his test scores from the United States Armed Forces Institute; a copy of his Record of Induction; a copy of his Enlisted Qualification Record (DA Form 20); and photographs of himself and others when he was in Vietnam.
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. On 3 January 1968, the applicant was inducted into the Army in San Antonio, Texas. He successfully completed his training as a light weapons infantryman.
3. On 4 February 1969, the applicant was transferred to Vietnam and he was assigned to Company B, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division.
4. A review of the applicant's records does not show that he was ever engaged in and actively participated in active ground combat while he was in Vietnam.
5. The applicant returned to the Continental United States on 25 December 1969 and he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee. He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
6. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Marksman Marksmanship Qualification Badge (Rifles M-14 and M-16).
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge.
2. His contentions along with his supporting documents have been noted. However, there is no evidence in the available record, nor has he submitted any evidence that shows that he was ever engaged in and actively participated in active ground combat while he was in Vietnam. Therefore, he does not meet the criteria in accordance with the applicant regulation to be awarded the Combat Infantryman Badge.
3. In order to justify correction of a military record the applicant must show, 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.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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.
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