IN THE CASE OF:	  

		BOARD DATE:	  11 June 2009

		DOCKET NUMBER:  AR20090002730 


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, in effect, that he was carrying a radio for his company commander when his unit came under attack from enemy forces.  After two days of air and artillery strikes the unit was able to remove their killed and wounded.  The applicant states after returning to the base camp he got into an argument with his first sergeant about their commander leading his unit into an ambush.  

3.  The applicant states soon after the incident his first sergeant had his [applicant's] military occupational specialty (MOS) 11B (Light Weapons Infantryman) changed to 36K (Wireman).  The applicant continues that he is in the process of filing a claim for Post-traumatic Stress Disorder (PTSD) with the Department of Veterans Affairs (VA) and that VA needs proof that he held MOS 11B.

3.  The applicant provides:

	a.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 13 February 1969; 

	b  Headquarters, 173rd Airborne Brigade (Separate) memorandum, dated 
25 July 1967;

	c.  a self authored letter from the applicant to his relative's, with a envelope date stamped 18 July 1967; and 
	d. a DA Form 20 (Enlisted Qualification Record), audited on 1 July 1968.

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 enlisted in the Regular Army on 14 February 1966 and successfully completed basic training and advanced individual training.  He was awarded MOS 31M (Radio Relay and Carrier Attendant).

3.  The applicant arrived in Vietnam and was assigned to A Company, 4th Battalion (Airborne), 503rd Infantry on or about 3 June 1967 where he performed duties as a wireman MOS 36K.  Item 38 (record of Assignment) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the duty MOS 11B (Light Weapons Infantryman) lined through upon his arrival to A Company, 4th Battalion (Airborne), 503rd Infantry on 3 June 1967. 

4.  The applicant was reassigned to Headquarters and Headquarters Company, 4th Battalion (Airborne), 503rd Infantry on or about 27 August 1967 where he performed duties as a wireman.  He was reassigned to the 173rd Signal Company, 173rd Airborne Brigade (Separate) on or about 1 December 1967 where he performed duties as an senior relay radio attendant.  

5.  Headquarters, 173rd Airborne Brigade (Separate) Special Orders Number 92, dated 1 April 1968 show that the applicant was awarded MOS 67N (UH-1 Helicopter Repairman) in addition to him being assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade, where he performed duties as an radio teletype operator.

6.  The applicant departed Vietnam on or about 22 May 1968.  On 13 February 1969, he was honorably released from active duty after completing 3 years of creditable active service.
7.  The applicant's DD Form 214 for the ending period 13 February 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), and the Parachutist Badge.

8.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantryman position.  Evidence of record shows that he was assigned to infantry units and his principal duties while in Vietnam were wireman, senior relay radio attendant, and radio teletype operator.

2.  However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the applicant may have functioned as an infantryman while on patrols; however, the evidence of record shows that while serving in Vietnam his primary specialties were 31K Radio Relay and Carrier Attendant, 36K Wireman, and 67N UH-1 Helicopter Repairman which unfortunately makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.  

3.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  



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)                                         AR20090002730





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ABCMR Record of Proceedings (cont)                                         AR20090002730



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