IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20090001219
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, award of the Combat Infantryman Badge.
2. He states that he was in many situations in Vietnam.
3. The applicant provides, in support of his request, a copy of his DD Form 214 (Armed Forces of the United States 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 was inducted on 10 November 1964. He completed training in military occupational specialty (MOS) 11B as a light weapons infantryman and was assigned to the 2nd Battalion, 35th Infantry, 25th Infantry Division in Hawaii.
3. On 5 January 1966 the applicant deployed to Vietnam with the unit. The applicant was transferred, on 13 August 1966, to Fort Buchanan, Puerto Rico.
4. His DD Form 214 shows he was released from active duty with an honorable characterization of service, on 24 August 1966, and transferred to the U.S. Army Reserve (Annual Training). Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the Vietnam Service Medal, Good Conduct Medal and the National Defense Service Medal.
5. Item 41 (Awards and Decorations ) of his DA Form 20 (Enlisted Qualification Record) lists his authorized awards as the Vietnam Service Medal, National Defense Service Medal and the Good Conduct Medal.
6. 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, in effect, states that he should be awarded the Combat Infantryman Badge.
2. Although the applicant was attached to an infantry unit of qualifying size, there is, unfortunately, no available evidence that he participated in actual ground combat.
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. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicants records as recommended below.
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) AR20090001219
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