IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090002149
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 that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, he served with Bravo Company, 3rd Battalion, 8th Infantry, 4th Infantry Division, and believes he should have been awarded the Combat Infantryman Badge. He did not realize the award was not shown on his DD Form 214.
3. In support of his application, the applicant provides a copy of his DD Form 214.
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 applicants records show he was inducted into the Army of the United States and entered active duty on 28 March 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from 16 June 1969 to 15 March 1970 with Company B, 3rd Battalion, 7th Infantry, 4th Infantry Division.
3. The applicant was honorably released from active duty and transferred to the United States Army Reserve in pay grade E-5 on 15 March 1970.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.
5. 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.
6. There are also no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.
7. A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) was conducted. This review failed to show that any orders were published awarding the applicant the Combat Infantryman Badge during his service in Vietnam.
8. 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 he must have been personally present and served in active ground combat while assigned or attached to this infantry unit.
2. The fact that a Soldier is serving in an infantry unit or in an infantry position alone is insufficient to award the Combat Infantryman Badge. In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement to an award in the absence of evidence in the record. The available evidence is insufficient to authorize the applicant this award.
3. The available evidence shows the applicant served in an infantry MOS and in an infantry unit in the Republic of Vietnam; however, the available evidence does not confirm that he was personally present and participated in active ground combat while assigned or attached to this infantry unit. His records do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.
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.
5. 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) AR20090002149
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ABCMR Record of Proceedings (cont) AR20090002149
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