IN THE CASE OF:	  

		BOARD DATE:	  21 July 2009

		DOCKET NUMBER:  AR20090004333 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states that he served in the field with an infantry company in the Republic of Vietnam and was involved in various combat operations. 

3.  The applicant provides a copy of his DD Form 214, dated 17 December 1969; three statements of support; a copy of his promotion order to specialist four; and a copy of a roster of names, in support of his request.

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 was inducted into the Army of the United States on 13 May 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/E-5 on 17 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. 

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 6 October 1968 to on or about 2 April 1969.  He was assigned to Company D, 1st Battalion, 20th Infantry, 11th Infantry Brigade.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Armed Forces Expeditionary Medal.  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.  The applicant submitted three statements in support of his application as follows:

	a.  in a statement, dated 26 January 2009, one of the applicant’s former unit members states that he distinctly recalls working with the applicant during combat operations and believes he meets the qualifications for award of the Combat Infantryman Badge; 

	b.  in a statement, dated 20 January 2009, another of the applicant’s former unit members states that he served in the same platoon with the applicant and remembers that during October 1969, the unit engaged the enemy in moderate activity with small arms fire and mortar rounds as well as devastating booby traps south and west of Quang Ngai City.  He adds that during that engagement the platoon was involved in "search and destroy" missions and was periodically ambushed and frequently mortared; and

	c.  in an undated statement, a member of the 1st Battalion, 20th Infantry Association states that the applicant’s name is shown on Company A’s morning report, dated 7 November 1968; D Company’s November 1968 field roster; and D Company’s morning report, dated 23 March 1969 which also shows the applicant was attached to the 312th Evacuation Hospital. 

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 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.

8.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.  

2.  The applicant's infantry MOS and his assignment/attachment to an infantry unit during his 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 sufficient substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. 

3.  Notwithstanding the statements provided by the applicant’s former unit members, in the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___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)                                         AR20090004333





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ABCMR Record of Proceedings (cont)                                         AR20090004333



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