IN THE CASE OF:	

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005973 


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.  He also requests a copy of his first DD Form 214, dated 25 April 1968.

2.  The applicant states, in effect, that he is entitled to this award because he served as an infantry Soldier in the Republic of Vietnam, was assigned to an infantry unit, took part in two campaigns, and was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars.  

3.  The applicant provides a copy of his DA Form 20 (Personnel Qualification Record) in support of his request.

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 was provided with a copy of his DD Form 214, dated 25 April 1968 by separate correspondence.  Therefore, the issue of this DD Form 214 will not be discussed further in the Record of Proceedings.

3.  The applicant's records show he was inducted into the Army of the United States and entered active service on 23 May 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably discharged on 25 April 1968 for the purpose of immediate reenlistment and executed a 3-year reenlistment on 26 April 1968 (erroneously shown as 27 April 1968 on his DD Form 214).  He was honorably released from active duty in the rank of specialist five on 19 March 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. 

4.  The applicant's records further show that he completed two periods of service in the Republic of Vietnam:

	a.  from on or about 14 December 1967 to on or about 14 September 1969:

		(1)  he was assigned to Company B, 1st Battalion, 20th Infantry, as a riflemen from on or about 14 December 1967 to on or about 28 April 1968; and

		(2)  he was assigned to the 935th Medical Detachment, as a social work specialist from on or about 28 April 1968 to on or about 14 September 1969.

	b.  from on or about 12 April 1970 to on or about 11 April 1971.  He was assigned to the 3rd Field Hospital as an orthopedic specialist.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, dated 19 March 1971, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal. Item 24 does not show award of the Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Combat Infantryman Badge.  Additionally, item 39 (Campaigns) of this form shows he received campaign credit for the Vietnam Counteroffensive Phase III and the TET Counteroffensive campaigns. 

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 (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 assignment to an infantry unit during his service in the Republic of Vietnam are not in question.  Additionally, his Vietnam awards and campaign credit are also not in question.  However, there is no evidence in the available records and the applicant did not submit sufficient evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. 

3.  Notwithstanding the applicant’s sincerity regarding his entitlement to this badge, in the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, 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)                                         AR20090005973



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ABCMR Record of Proceedings (cont)                                         AR20090005973



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