IN THE CASE OF:	  

		BOARD DATE:	        16 July 2009

		DOCKET NUMBER:  AR20090002783 


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.  The applicant states he earned the Combat Infantryman Badge after 30 days with the Vietnamese 52nd Ranger Battalion.  He states he was awarded the badge “through combat action.”

3.  The applicant provides a copy of his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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.  Records available to the Board indicate the applicant entered active duty as a Regular Army enlisted Soldier on 1 December 1965.  In May 1966, following completion of training, the applicant was awarded military occupational specialty (MOS) 11B (light weapon infantryman).

3.  In June 1966 the applicant arrived in Vietnam.  According to entries in item 38 (record of assignments) on his DA Form 20 (Enlisted Qualification Record), he was initially assigned as a security guard in MOS 11B with the United States Military Assistance Command and in October 1966 he assumed the duties of MOS 71B (clerk typist) with Advisory Team 87 of the III Corps Advisor Group, which was also part of the Military Assistance Command.

4.  In August 1967 he was reassigned to duties as a light weapons infantry advisor (MOS 11B) with the Advisory Team 87.

5.  Documents contained in the applicant’s Official Military Personnel File indicate that in November 1967 the applicant was authorized to accept and wear the “Ranger Badge” presented to him by the Government of Vietnam.  A statement accompanying the authorization document from the Republic of Vietnam Armed Forces notes the applicant “has effectively served with Ranger Forces at the 52nd Ranger Battalion since 1 August 1967” and that “he is authorized to wear the Ranger Badge and Uniform.”  The statement was signed the commander, Ranger Forces, Republic of Vietnam Armed Forces on 20 September 1967 and translated by a United States Naval Reserve officer in Vietnam.

6.  In December 1967 the applicant departed Vietnam and completed his enlistment contract at Fort Ord, California.  He was released from active duty on 2 December 1968.

7.  Although the applicant’s 1968 DD Form 214 reflects his foreign Ranger Badge, it does not reflect award of the Combat Infantryman Badge.  There is no evidence in the available records which confirm he was ever awarded the Combat Infantryman Badge.

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 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 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.

9.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  Among these positions, “Senior Advisor, Mobile Advisory Team (includes assistant or deputy)” and “Infantry or Ranger Battalion Advisor (includes assistant or deputy)” were listed.  However, evidence of participation in ground combat was still required.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have held an infantry specialty and served in a position which would have made him eligible for award of the Combat Infantryman Badge, in the absence or orders or evidence confirming participation in ground combat there is no basis for correcting his record to reflect award of the Combat Infantryman Badge.

2.  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 the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20090002783



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ABCMR Record of Proceedings (cont)                                         AR20090002783



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