IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090003318 


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 that he be awarded either the Combat Infantryman Badge (CIB) or the Combat Action Badge (CAB).

2.  The applicant states, in effect, that he served in combat in Vietnam and had contact with the enemy and was never awarded either the CIB or the CAB.  He goes on to state that he has recently applied to the Department of Veterans Affairs for benefits and was told that the process would be extremely slow unless he had a CIB or CAB to support his claims for Agent Orange Infection and Post-Traumatic Stress Disorder (PTSD).  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and letter explaining his experiences in Vietnam.

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 in Roanoke, Virginia on 10 April 1967 for a period of 3 years.  He completed his basic training at Fort Bragg, North Carolina and was transferred to Fort Eustis, Virginia to undergo his advanced individual training (AIT) as a movement specialist in military occupational specialty (MOS) 71N1O.  He completed his AIT, was awarded MOS 71N1O on 20 July 1967, and he was transferred to Fort Benning, Georgia for duty as a clerk.

3.  On 29 January 1968, he was transferred to Germany.  He attended a unit and organizational supply specialist course and was awarded the MOS of a supply specialist (76Y2O) on 16 September 1968.  He was also advanced to the pay grade of E-4 on that date and MOS 76Y2O became his primary MOS.

4.  He departed Germany on 24 January 1969 and was transferred to Vietnam on 8 March 1969.  He was assigned to A Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division for duty as an armorer.  He was promoted to the pay grade of E-5 on 19 September 1969 and he departed Vietnam on 6 March 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty as an overseas returnee.  He had served 2 years, 10 months and 27 days of total active service and he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Good Conduct Medal and the Army Commendation Medal.

5.  A review of the applicant's official records fails to show that he ever held an infantry MOS or that he ever performed the duties of an infantryman in combat.

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.  

7.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) 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 military occupational specialty (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.  The regulation stated that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  

9.  Army Regulation 600-8-22 provides that the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

10.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  

11.  All Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years. While the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, it does not serve as a basis for the award of the Combat Infantryman Badge.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded either the CIB or the CAB for his service in Vietnam has been considered and found to lack merit.

2.  The applicant did not possess an infantry MOS and did not perform the duties of an infantryman in an infantry unit.  Accordingly, he is not entitled to award of the CIB.

3.  The CAB was not in existence at the time the applicant served on active duty in Vietnam and it is not authorized for retroactive award prior to 18 September 2001.  Accordingly, he is not authorized award of the CAB.

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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)                                         AR20090003318



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ABCMR Record of Proceedings (cont)                                         AR20090003318



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