IN THE CASE OF:
BOARD DATE: 20 AUGUST 2009
DOCKET NUMBER: AR20090003429
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 that he should be issued orders awarding him the Combat Infantryman Badge because he served as an 11B in the Republic of Vietnam and is entitled to this award.
3. The applicant provides a copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge/Certificate of Release or Discharge from Active Duty), dated 19 June 1970 and 31 March 1994, in support of his application.
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 applicant's records show he was inducted into the Army of the United States and entered active duty on 20 June 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 19 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.
3. The applicant's records further show that he served in the Republic of Vietnam from on or about 19 November 1968 to on or about 19 November 1969. He was assigned to Company B, 2nd Battalion, 501st Infantry, 101st Airborne Division, from on or about 19 November 1968 to on or about 8 August 1969 and Company A, 2nd Battalion, 8th Infantry, 4th Infantry Division, from on or about 8 August 1969 to on or about 19 November 1969.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Item 24 does not show award of the Combat Infantryman Badge.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge. Furthermore, there are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.
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 USARV 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.
DISCUSSION AND CONCLUSIONS:
The applicant's infantry MOS and/or his assignment to an infantry unit during its service in the Republic of Vietnam are not in question. However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was an active participant in combat while assigned to his infantry unit. In the absence of evidence that he 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
____XXX____ _XXX_______ ____XXX____ 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.
_______ _ _XXX______ ___
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) AR20090003429
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ABCMR Record of Proceedings (cont) AR20090003429
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