IN THE CASE OF:
BOARD DATE: 4 AUGUST 2009
DOCKET NUMBER: AR20090004749
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 with the 2nd Battalion, 34th Armor, 25th Infantry Division, in the Republic of Vietnam, and he was not awarded the Combat Infantryman Badge. He believes the award was overlooked and not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 6 November 1968, 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 on 7 November 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 6 November 1968 and transferred to the U.S. Army Reserve (USAR) 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 14 June 1967 through 12 June 1968 as a light truck driver and/or gunner and he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 34th Armor, 25th Infantry Division (Light).
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 Vietnam Service Medal with three bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Machinegun Bar.
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.
6. On 30 March 2006, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added award of the Purple Heart, Good Conduct Medal (1st Award), Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two overseas service bars.
7. There are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge.
8. 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. 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:
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, service in the Republic of Vietnam, and award of the Purple Heart are not in question. Additionally, the applicant's sincerity with regard to his participation and/or performing his duties as an infantryman in the Republic of Vietnam is also not in question.
3. However, there is no evidence in the available records and the applicant did not submit sufficient evidence that shows he was assigned and/or attached to an infantry unit or that he was an active participant in combat while assigned to his infantry unit. The available evidence indicates he was assigned to an armor unit, not an infantry unit. In the absence of evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, 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
___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) AR20090004749
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