IN THE CASE OF:
BOARD DATE: 13 August 2009
DOCKET NUMBER: AR20090005696
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 he be awarded the Combat Infantryman Badge.
2. The applicant states he was assigned an infantry military occupational specialty (MOS) and served in that MOS in Vietnam.
3. The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).
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 was inducted on 10 October 1968, completed training, and was awarded MOS 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows service in Vietnam with Company A, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division from 7 June 1969 through 27 January 1970. His duty MOS's were Rifleman and Grenadier. His awards are listed as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the First Class Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
4. The applicant was honorably released from active duty on 31 January 1970 with 1 year, 3 months, and 21 days of creditable service. His DD Form 214 lists his awards as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
5. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. 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 states he was assigned an infantry MOS and served in that MOS in Vietnam.
2. The available record contains no documentation to show that the applicant served in active ground combat while stationed in Vietnam. Therefore, eligibility for award of the Combat Infantryman Badge cannot be substantiated.
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) AR20090005696
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ABCMR Record of Proceedings (cont) AR20090005696
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