IN THE CASE OF:	  

		BOARD DATE:	       1 JULY 2009

		DOCKET NUMBER:  AR20090003837 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states that his DD Form 214 should include award of the Combat Infantryman Badge.  He also states that he was never awarded the Combat Infantryman Badge despite his military records showing his military occupational specialty (MOS) was 11B (light weapons infantryman) and he served in that MOS in Vietnam.  He just discovered the error after reviewing his military records.

3.  In support of his application, the applicant provides copies of his DD Form 4 (Enlistment Record – Armed Forces of the United States), his DA Form 20  (Enlisted Qualification Record), his DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)), his DD Form 214, and his United States Army Reserve (USAR) discharge orders.

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 enlisted in the Regular Army (RA) in pay grade E-1 on 7 June 1966, for 4 years.  He completed basic combat and advanced individual training and was awarded primary MOS 64B (heavy vehicle driver) on 13 September 1967.  He was awarded secondary MOS 11B (Light Weapons Infantryman) on 24 February 1968.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20, shows he served in Vietnam from 12 June 1967 to 11 June 1968, in his awarded MOS of 64B, with the 758th Supply and Service Company.  He also served in Vietnam from 10 December 1968 to 9 January 1970, in his awarded MOS of 64B, with the 490th General Support Company, with duty with the 34th Supply and Service Battalion.  Item 38 does not show he served in his secondary MOS of 11B at any time throughout his active duty service.  His DA Form 20 also does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).  

4.  The applicant was honorably released from active duty, in pay grade E-3, on 10 January 1970, as an overseas returnee.  He was credited with 3 years, 7 months, and 4 days of net active service.  He was transferred to the U.S. army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.

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 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 Republic of 
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.


DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows the applicant completed training, was awarded, and served in MOS 64B throughout his military service and during his service in Vietnam.  While he was awarded a secondary MOS of 11B, there is no evidence he served in that infantry MOS during his service in Vietnam or during his military service.  While twice serving in Vietnam, he was primarily assigned and performed the duties of a light and heavy duty vehicle driver.

3.  The evidence of record does not confirm, and he has not shown, that he was personally present and participated in active ground combat while assigned or attached to an infantry unit.  

4.  All Soldiers were provided basic combat skills training after they entered the Army.  This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose.  Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were trained to do; however, it is not a basis for the award of the Combat Infantryman Badge.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  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.  

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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.



      ________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)                                         AR20090003837



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ABCMR Record of Proceedings (cont)                                         AR20090003837



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