IN THE CASE OF:	  .

		BOARD DATE:	      13 AUGUST 2009

		DOCKET NUMBER:  AR20090005173 


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 was wounded on 17 December 1967 while serving as an infantry squad leader in his infantry military occupational specialty (MOS) in the Republic of Vietnam.  After the injury, he did not return to his unit as he was evacuated to Japan and the United States for treatment.  He adds that he was awarded the Purple Heart while being hospitalized and assumed the Combat Infantryman Badge would be noted on his records.  Since he had no reason to question the lack of orders, he continued to wear the Combat Infantryman Badge on his uniform and official Department of the Army (DA) photograph until he retired in 1983.  

3.  The applicant provides a copy of his DD Form 214, dated 31 December 1983; a copy of his DA Form 2-1 (Personnel Qualification Record); a copy of a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 December 1967; a copy of a Standard Form 502 (Clinical Record-Narrative Summary), dated 26 December 1967; a copy of a his photograph while accepting a diploma; and a copy of his official DA photograph, 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 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 initially enlisted in the Regular Army on 3 December 1963.  He completed basic combat and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  He was honorably discharged on 19 August 1965 for the purpose of immediate reenlistment and executed a 3-year reenlistment on 20 August 1965.  He was again honorably discharged on 24 May 1968 and executed a 3-year reenlistment on 25 May 1968.  

3.  The applicant’s records also show he reenlisted on 29 March 1974 and subsequently executed several reenlistments, served in various staff and leadership positions in MOS 94B (Cook), and was honorably retired on 31 December 1983.  He was placed on the retired list in his retired rank/grade of sergeant first class/E-7 on 1 January 1984. 

4.  The applicant's records further show he completed several periods of foreign service including Germany, from 13 April 1964 to 3 September 1966; the Republic of Vietnam, from 7 October 1967 to 6 January 1968; Germany, from 20 June 1969 to 20 January 1971; Korea, from 28 January 1973 to 9 February 1974; Germany, from 19 August 1976 to 15 August 1979; and Greece, from 2 August 1982 to 26 July 1983.

5.  On 17 December 1967, while assigned to C Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, as an infantry squad leader, in the Republic of Vietnam, the applicant was injured while riding in an armored personnel carrier (APC) when his APC was hit by a hostile rocket-propelled grenade (RPG) round. He suffered wounds to his shoulder and face and a fracture to his spine.  He was initially treated at the 12th Evacuation Hospital in Vietnam and was later transferred to the 106th General Hospital in Japan, and ultimately to the United States.  

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 31 December 1983, shows he was awarded the National Defense Service Medal, the Army Commendation Medal (1st Oak Leaf Cluster), the Vietnam Service Medal with a bronze service star, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Purple Heart, the Armed Forces Expeditionary Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 3, the Good Conduct Medal (6th award), the Army Service Ribbon, and the Overseas Service Ribbon (3rd Award).

7.  The applicant's records do not contain orders awarding him the Combat Infantryman Badge.

8.  The applicant submitted a copy of a photograph of himself in uniform while accepting a diploma and a copy of an official DA photograph, both of which show he displayed the Combat Infantryman Badge.

9.  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.

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 injury on 17 December 1967 that resulted from a hostile RPG round that hit his APC are not in question and subsequent award of the Purple Heart.  However, the criteria for award of the Combat Infantryman Badge requires the infantry Soldier to be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  The applicant in this case was assigned to a cavalry squadron and was riding in an APC. 

3.  It is possible that the applicant was assigned to an infantry squad within the cavalry troop; however, there is insufficient evidence to support that possibility. Furthermore, the term "engage" is defined as a hostile meeting of opposing military forces in the course of a war.  Given this definition, it would appear an infantryman, in a cavalry troop, riding in a vehicle "engaged" by an enemy RPG round would not qualify for award of the Combat Infantryman Badge.

4.  Absent orders or other documentary evidence that clearly shows the applicant was personally present and under hostile fire while serving in an assigned infantry primary duty in an infantry unit actively engaged in ground combat with the enemy, 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.




      _______ _   _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)                                         AR20090005173





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ABCMR Record of Proceedings (cont)                                         AR20090005173



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