BOARD DATE: 13 August 2009
DOCKET NUMBER: AR20090004810
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 the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 December 1965.
2. The applicant states, in effect, that he was an 11B (Light Weapons Infantryman) in Vietnam from October 1969 through April 1972. He further states that his military records cannot be found and he needs proof he was awarded the Combat Infantryman Badge.
3. The applicant provides no additional documentation in support of this case.
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 enlisted in the Regular Army on 10 February 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11B.
3. The applicant arrived in Vietnam and was assigned to D Company (Ranger), 151st Infantry on 7 October 1969 where he performed duties as a scout observer. On 20 November 1969, he was reassigned to D Company (Ranger), 75th Infantry where he performed duties as a scout observer/light truck driver.
4. On 6 February 1970, the applicant was honorably discharged and immediately reenlisted on 7 February 1970.
5. His DD Form 214 for the period ending 6 February 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Parachutist Badge.
6. On 15 February 1970, the applicant was reassigned to the U.S. Army Support Command, Qui Nhon, Republic of Vietnam were he performed duties as an equipment storage specialist. On 2 January 1971, the applicant was reassigned to C Company, 87th Infantry where he performed duties as a rifleman.
7. The applicant departed Vietnam on 27 April 1972. On 14 November 1972, he was honorably released from active duty after completing 2 years, 9 months, and 8 days of creditable active service on this term of service.
8. The applicant's DD Form 214 for the period ending 14 November 1972 shows he was awarded the Vietnam Service Medal, the Army Commendation Medal, and the Republic of Vietnam Campaign Medal with Device (1960).
9. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
10. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant was awarded an infantry MOS and that he served in infantryman positions with D Company (Ranger), 151st Infantry and D Company (Ranger), 75th Infantry from October 1969 to January 1970, and C Company, 87th Infantry from 2 January 1971 to 27 April 1971. However, there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge
2. There is no evidence he participated in active ground combat during the time he served with the three aforementioned units. There are no orders showing he was awarded the Combat Infantryman Badge. Therefore, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his
DD Form 214.
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) AR20090004810
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