IN THE CASE OF:
BOARD DATE: 6 OCTOBER 2009
DOCKET NUMBER: AR20090008363
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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states that he was issued the Combat Infantryman Badge but it was not included on his DD Form 214. He contends that he served in the infantry with the 4th Infantry Division and the 101st Airborne Division in Vietnam, that he earned the Combat Infantryman Badge, and that he was presented the badge.
3. The applicant provides no documentary evidence 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 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 (RA) on 11 March 1970 for a period of 2 years. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in MOS 11B assigned to Company C, 2nd Battalion, 35th Infantry of the 4th Infantry Division in Vietnam from 23 August 1970 through 25 October 1970. He served in MOS 11B assigned to Company D, 3rd Battalion, 506th Infantry in Vietnam from 12 November 1970 until he was hospitalized on 14 April 1971 and transferred to the United States on 29 May 1971 for further medical treatment. On 20 December 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. The applicants DD Form 214 does not show the Combat Infantryman Badge as an authorized award.
4. There are no orders for the Combat Infantryman Badge in the available documents.
5. 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 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 he was awarded the Combat Infantryman Badge and it should be included on his DD Form 214.
2. The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to infantry companies in Vietnam; however, there are no orders for the Combat Infantryman Badge. In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
3. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090008363
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ABCMR Record of Proceedings (cont) AR20090008363
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