IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090004124 


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 he be awarded the Combat Infantryman Badge.

2.  The applicant states he should have received this badge.

3.  The applicant provides a copy of his DD From 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be awarded the Combat Infantryman Badge.

2.  Counsel states the applicant served as a combat infantryman in South Vietnam from October 1967 through January 1968. 

3.  Counsel provides no additional supporting documentation.

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 was inducted into the Army of the United States, on 4 February 1966, and he completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant served as a Team Leader for Troop B, 7th Squadron, 
17th Cavalry Regiment while assigned to Vietnam from 29 October through 28 January 1968.

4.  The applicant’s DD Form 214 shows he was released from active duty on    27 January 1968 and transferred to the Army Reserve, in the rank of sergeant,  E-5.  His awards are shown as the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Good Conduct Medal.

5.  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.  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.

6.  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.

7.  Additionally, the regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Company and battalion designations used for subordinate units of the 7th Cavalry and other "cavalry" regiments of the 1st Cavalry Division (Airmobile) were, in fact, infantry organizations.  The regulation states the term "smaller size" infantry unit used in the awards regulation is "….a unit of squad, platoon, or company size.  For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he should be awarded the Combat Infantryman Badge for his service in Vietnam.

2.  The applicant's contention that he is entitled to the Combat Infantryman Badge was carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to qualify for the Combat Infantryman Badge, a member must hold an infantry MOS, and must have served in a unit designated as an infantry squad, infantry platoon, or infantry company.  There must also be evidence that the Soldier was personally present with the qualifying infantry unit when it was engaged in active ground combat, and that he actively participated in such ground combat.  

3.  The record does not show the applicant served in an infantry unit of brigade or smaller size.  As such he does not meet the criteria for award of the Combat Infantryman Badge. 

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 this 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)                                         AR20090004124



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ABCMR Record of Proceedings (cont)                                         AR20090004124



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