IN THE CASE OF:	  

		BOARD DATE:	       28 JULY 2009

		DOCKET NUMBER:  AR20090004301 


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 his records be corrected to reflect award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect he served in combat and deserves the Combat Infantryman Badge.  He states that he does not know the “threshold” for the Combat Infantryman Badge but understands it was only 30 days in country.  He states he thought the Combat Infantryman Badge was “encompassed” in his Vietnam Service and Campaign Medals.

3.  The applicant provides a copy of his DD Form 214 and a copy of item 38 (Record of Assignments) from his DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States and entered active duty on 2 February 1967.  In July 1967, following completion of training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman) and assigned as an Ammunition Bearer in duty MOS 11C with the 2nd Battalion, 8th Infantry in Vietnam.  He returned to the United States on 16 January 1968 and completed his term of service at the U.S. Army Support Detachment in Oakdale, Pennsylvania.

3.  On 1 February 1969 the applicant was released from active duty.  His DD Form 214 does not reflect entitlement to the Combat Infantryman Badge and his Official Military Personnel File (OMPF) does not contain any documents showing the applicant was ever awarded the Combat Infantryman Badge.  His award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal on his DD Form 214 confirms his service in Vietnam.

4.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 also contains the entry "USARPAC – 0 [years], 6 [months], 10 [days]."

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 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.

6.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It further states that for item 22c (Foreign and/or Sea Service), enter total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant held an infantry specialty and served in an infantry unit while stationed in the Republic of Vietnam, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for correcting his record to reflect this award.

2.  Item 22c of the applicant's DD Form 214 shows he completed 6 months and 10 days of foreign service in USARPAC, which refers to his service in Vietnam within the U.S. Army, Pacific theater of operations.  There is no provision for any other entry to show his service in Vietnam.  Therefore, there is no basis for annotating his DD Form 214 to reflect combat service, if any, during his tenure of service.

3.  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.

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

5.  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.



      _________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)                                         AR20090004301



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ABCMR Record of Proceedings (cont)                                         AR20090004301



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