IN THE CASE OF:
BOARD DATE: 15 October 2009
DOCKET NUMBER: AR20090009058
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 award of the Combat Infantryman Badge.
2. The applicant states he served in the Republic of Vietnam in 1966 and feels that he earned the Combat Infantryman Badge for fighting with an infantry unit. He served as an 11C, heavy weapons gunner. He also states that he is not certain that orders for the Combat Infantryman Badge were done because he rotated from Vietnam in 1966 without his military personnel file and records. He further states that he was promoted to E-5 during his tour in Vietnam.
3. The applicant provides no additional documentation 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 applicants records show he enlisted in the Regular Army in pay grade E-1 on 2 June 1964, for 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C, indirect fire infantryman. He served in Vietnam from 13 January 1966 to 19 June 1966, with Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry.
3. The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), contains no entry showing he was awarded the Combat Infantryman Badge.
4. The applicant was released from active duty on 27 September 1966 for the purpose of immediate reenlistment. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the following awards: the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). The Combat Infantryman Badge is not shown in Item 26.
5. The applicant reenlisted in the Regular Army on 28 September 1966 for 4 years. He served continuously through several reenlistments retirement for length of service on 30 September 1990. A review of his DD Forms 214 issued on each reenlistment did not show award of the Combat Infantryman Badge.
6. There is no entry in Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) showing he was awarded the Combat Infantryman Badge.
7. There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.
8. A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Combat Infantryman Badge. No orders for these awards were found in the ADCARS.
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 personnel 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. There is no evidence to show that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam. While the evidence shows the applicant served in an infantry MOS and in an infantry unit during his service in Vietnam, there is no evidence of record and the applicant did not provide any evidence that confirms he participated in active ground combat while assigned to his infantry unit, which is a prerequisite for award of the Combat Infantryman Badge.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090009058
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ABCMR Record of Proceedings (cont) AR20090009058
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