IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20090001035
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 he be authorized the Combat Infantryman Badge.
2. The applicant states he received the Purple Heart due to wounds he received in combat as a "tunnel rat" in Vietnam.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).
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 enlisted in the Regular Army on 8 January 1968, completed training, and was initially awarded military occupational specialty (MOS) 12A (Pioneer) with conversion to 12C (Bridge Specialist) on 21 February 1969.
3. The applicant served in Vietnam with the following units:
a. Company C, 1st Engineer Battalion, 1st Infantry Division from 6 June 1968 through 18 June 1968;
b. Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division from 19 June 1968 through 27 October 1969; and
c. Company B, 1st Engineer Battalion, 1st Infantry Division from 28 October 1969 through 25 December 1969.
4. 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 states he received wounds in combat as a tunnel rat in Vietnam.
2. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to insure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught but it is not a basis for the award of the Combat Infantryman Badge.
3. The applicant's contention that he is entitled to the Combat Infantryman Badge was carefully considered. However, there is insufficient evidence to support this claim. By regulation, in order to qualify for the Combat Infantryman Badge, a member must hold an infantry MOS and serve with a qualifying infantry unit, there must also be evidence that he was personally present with the qualifying infantry unit when it was engaged in active ground combat, and that that he actively participated in such ground combat. Holding an infantry MOS (which the applicant did not), being assigned to a qualifying unit (which the applicant was not), and receiving campaign or battle credit alone are not sufficient to support award of the Combat Infantryman Badge.
4. 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. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090001035
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090001035
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