DOCKET NUMBER:  AR20090000704 


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 had an infantry military occupational specialty (MOS) and he was in combat with an infantry unit,  but he never received the award of the Combat Infantryman Badge.

3.  The applicant provides, in support of his application, copies of three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from a Member of Congress forwarding the applicant's 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's military records show he was inducted into the Army of the United States on 8 October 1968.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11C (Light Infantry Indirect Fire Crewman).  He was discharged on 9 June 1969 and he enlisted in the Regular Army (RA) on 10 June 1969 for a period of  3 years.  He was discharged on 6 November 1970 for the purpose of immediate reenlistment and on 7 November 1970 he reenlisted for another period of three years.  During his tenure of service he served in the Republic of Vietnam from   27 March 1969 through 26 March 1970 and from 1 February through 9 July 1971. On 9 March 1972, the applicant was discharged under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) by reason of unsuitability – character and behavior disorder.  He was issued a General, Under Honorable Conditions Discharge Certificate.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that effective 9 April 1969 to 10 June 1969 he performed duties as a rifleman in his awarded MOS with Company D, 1st Battalion, 20th Infantry, 11th Infantry Brigade, Vietnam.  During the period 13 June 1969 to 31 August 1969, he performed duties as an Mbe [acronym unknown] operator/stock control specialist in duty MOS 76A/76P (Supplyman/Materiel Control and Accounting Specialist) with Company B, Troop Command, Vietnam.  Additionally, the applicant's DA Form 20 shows that during his second tour in Vietnam from 5 February 1971 to
7 July 1971, he performed duties in MOS 76P as a senior stock control accounting specialist, assigned to Headquarters and Headquarters Company, U.S. Army Inventory Control Center - Vietnam.

4.  There is no evidence or any orders awarding the applicant the Combat Infantryman Badge.  There is also no evidence to show that while the applicant was assigned to the 11th Infantry Brigade in Vietnam, he participated in active ground combat.

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 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.

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 military occupational specialty (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’s records show he served in an infantry MOS and in an infantry unit in the Republic of Vietnam for two months; however, the evidence of record does not confirm that he was personally present and participated in active ground combat while assigned or attached to an infantry unit.

2.  A Soldier serving in an infantry MOS and in an infantry unit alone is insufficient to warrant award of the Combat Infantryman Badge.  In all cases, the burden of proof rests with the applicants to submit substantiating proof of their entitlement for awards in the absence of evidence in their records.  The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during his service in the Republic of Vietnam.  

3.  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.  

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.



      __________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)                                         AR20090000704



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ABCMR Record of Proceedings (cont)                                         AR20090000704



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