IN THE CASE OF:	  

		BOARD DATE: 	        30 June 2009

		DOCKET NUMBER:  AR20090002378 


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 he was involved in numerous firefights and ambushes while serving as a tank commander with Troop G, 2nd Squadron, 11th Armored Cavalry Regiment (ACR).  He adds that in one incident he and another Soldier were involved in a ground attack against the enemy while at his base camp.  The firefight lasted all night and involved hand-to-hand combat.  He also states that he received the Bronze Star Medal for his actions on that night and believes that he should have been awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his Department of Veterans Affairs Card; a copy of his Florida Driver's License; a VA Form 21-4138 (Statement in Support of Claim), dated 15 February 2009; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 November 1970; a witness statement, dated 13 March 2008; a copy of General Orders Number 4261, issued by Headquarters, II Field Force Vietnam, on 21 November 1969, showing award of the Bronze Star Medal with "V" Device; and several pictures of himself and other Soldiers in support of his request.

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 on 12 November 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63C (Tracked Vehicle Mechanic).  He was honorably released from active duty in the rank/grade of specialist five/E-5 on 10 November 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 30 April 1969 to on or about 7 April 1970.  He was assigned to Troop G, 2nd Squadron, 11th ACR.

4  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 Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant was also awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force on 12 August 1969 while serving as a mechanic with Troop G, 3rd Squadron, 11th ACR, in the Republic of Vietnam.  General Orders Number 4261, Headquarters, II Field Force Vietnam, dated 21 November 1969, cited the following reason:

On this date the squadron trains area came under a mortar and ground attack from an estimated battalion of North Vietnamese Army Soldiers.  [Applicant] grabbed a pistol and ammunition and crawled underneath a vehicle.  He spotted several enemy Soldiers breaching the perimeter with sapper charges.  As one enemy Soldier placed charges on his vehicle, he crawled to the man and killed him with his pistol.  Another infiltrator attempted to place a charge and [applicant] also killed him.

6.  The applicant submitted a witness statement, dated 13 March 2008, that essentially corroborates the events that occurred on 12 August 1969.
7.  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 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

8.  U.S. Army Vietnam Regulation Number 672-1 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 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 contends that he should be awarded the Combat Infantryman Badge.

2.  The applicant's service in the Republic of Vietnam is not in question.  Additionally, the Board acknowledges and applauds the applicant's heroism, valor, and courage on 12 August 1969 under extremely hazardous conditions; he is truly an American hero.  However, the applicant held a maintenance MOS and was assigned to a cavalry unit.  There is no evidence in his records that he held an infantry MOS and/or was assigned to an infantry unit that was actively engaged in ground combat with the enemy.

3.  Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.


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)                                         AR20090002378



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ABCMR Record of Proceedings (cont)                                         AR20090002378



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