IN THE CASE OF:	  

		BOARD DATE:	        4 August 2009

		DOCKET NUMBER:  AR20090004912 


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 a second award of the Combat Infantryman Badge.

2.  The applicant states that he served in the Dominican Republic from June to August 1966 and in the Republic of Vietnam from March 1967 to March 1968.  He received his Combat Infantryman Badge for his Vietnam service but not for his Dominican Republic service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 November 1968, and an Internet printout of the criteria for award of the Combat Infantryman Badge for service in the Dominican Republic.

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 enlisted in the Regular Army for a period of 3 years on 14 December 1965.  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 staff sergeant/E-6 on 26 November 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant's records further show that he completed several periods of foreign service as follows.

	a.  He served in the Dominican Republic from on or about 1 June 1966 to on or about 9 August 1966.  He was assigned to the 82nd Administrative Company, Fort Bragg, NC, with duty in the Dominican Republic with Company B, 2nd Battalion, 504th Infantry.

	b.  He served in the Republic of Vietnam from on or 8 March 1967 to on or about 7 March 1968.  He was assigned to Company B, 2nd Battalion, 503rd Infantry.

	c.  He served in Germany from on or about 31 March 1968 to on or about 1 July 1968.  He was assigned to Company B, 11th Battalion, 509th Infantry.

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 Combat Infantryman Badge, the Vietnam Campaign Medal, the National Defense Service Medal, the Purple Heart, the Parachutist Badge, and the Vietnam Service Medal.  Item 24 does not show a second award of the Combat Infantryman Badge

5.  Headquarters 173rd Airborne Brigade (Separate), Special Orders Number 116, dated 26 April 1967, show the applicant was awarded the Combat Infantryman Badge while a member of Company B, 2nd Battalion, 503rd Infantry, during his service in the Republic of Vietnam.

6.  The applicant's records do not contain orders that show he was awarded a second award of the Combat Infantryman Badge.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded one award of 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 (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Second and third awards of the Combat Infantryman Badge are indicated by superimposing one and two stars, respectively.  To date, a separate award of the Combat Infantryman Badge has been authorized for service in the Republic of Vietnam Conflict from 2 March 1961 to 28 March 1973 combined with qualifying service in Laos; Dominican Republic; Korea on the DMZ; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; Southwest Asia Conflict; and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas.  The Republic of Vietnam Conflict Era officially terminated on 10 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded a second award of the Combat Infantryman Badge.

2.  The evidence of record shows that the applicant held an infantry MOS and was assigned to an infantry battalion during his service in the Dominican Republic.  However, Army Regulation 600-8-22 prohibits a second award of the Combat Infantryman Badge for service during the Republic of Vietnam Conflict Era regardless of whether a Soldier has served one or multiple tours in any or all of the recognized areas.  Since both his service in the Dominican Republic and Vietnam fall within the Republic of Vietnam Conflict Era, he is only authorized one Combat Infantryman Badge.

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)                                         AR20090004912



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ABCMR Record of Proceedings (cont)                                         AR20090004912



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