IN THE CASE OF:	  

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20090001210 


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, in effect, that he be awarded the Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was engaged in operations against hostile forces as an infantryman in Vietnam.  He received the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  He believes that this award and the fact he was an infantryman (11B) is sufficient proof that he should have been awarded the Combat Infantryman Badge.

3.  The applicant adds that this is not an actual injustice on anyone's part.  He just believes that based on the circumstances and his combat service as an infantryman, he should have received the Combat Infantryman Badge.

4.  In support of his request, the applicant provides a copy of his DD Form 214 and a copy of General Orders Number 1897 by which he was awarded the Army Commendation Medal.

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 records show he was inducted into the Army of the United States and entered active duty on 6 April 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant volunteered for and successfully completed Basic Airborne Training and was awarded the Parachutist Badge on 13 November 1970.

4.  The applicant served in Vietnam from 28 January 1971 through 21 August 1971 with Company A, 4th Battalion, 503d Infantry Regiment, 173rd Airborne Brigade.

5.  The applicant was honorably released from active duty in pay grade E-4 on 27 December 1971 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).  The applicant's DD Form 214 was coded with a Separation Program Number 21L (Separation for Other Good and Sufficient Reason when Determined by Secretarial Authority).  He was credited with 1 year, 7 months, and 19 days of active military service with 33 days of lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, one overseas service bar, the Vietnam Service Medal with one campaign star, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  The Combat Infantryman Badge is not shown on the applicant's DD Form 214.

7.  There is no entry in item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) showing he was awarded the Combat Infantryman Badge.

8.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.
9.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Combat Infantryman Badge.  No orders for this award were found in the ADCARS.

10.  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 personnel who have an infantry MOS.  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.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence shows the applicant was assigned to an infantry unit of company size in an infantry MOS while he served in Vietnam; however, there is no indication in the applicant's service personnel record he was recommended for or received the Combat Infantryman Badge or that he was considered for award of a decoration for valor that would serve as an indicator he served in active ground combat.  Award of the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, while commendable, is not sufficient upon which to base award of the Combat Infantryman Badge.

3.  There is insufficient evidence on which to base award of the Combat Infantryman Badge to the applicant and to have it added to his DD Form 214.

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)                                         AR20090001210



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ABCMR Record of Proceedings (cont)                                         AR20090001210



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