IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090009375 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he served in military occupational specialty (MOS) 11B2O (Light Weapons Infantryman) in Vietnam and was awarded the Combat Infantryman Badge; however, it is not recorded on his separation document.
He adds that since the Combat Infantryman Badge is not on his separation document, it makes it more difficult for him to receive benefits from the Department of Veterans Affairs, which he believes he earned.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States 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 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 inducted into the Army of the United States for a period of 2 years on 29 April 1969.  Upon completion of training, he was awarded MOS 11B.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 31 October 1969 through 28 March 1970;

   b.  Item 38 (Record of Assignments), in pertinent part, that he served in:

       (1)  Duty MOS 11B1O as a rifleman while assigned to C Troop,
2nd Squadron, 1st Cavalry, First Field Force Vietnam (FFFV), from 11 November 1969 to 31 January 1970; 

       (2)  Duty MOS 11B2O as a grenadier while assigned to C Troop,
2nd Squadron, 1st Cavalry, FFFV, from 1 February to 9 March 1970; and

       (3)  he was in a patient status while assigned to the Medical Hold Company, 106th General Hospital (RVN), from 10 to 26 March 1970;

   c.  Item 39 (Campaigns) he served in the RVN during the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns; and

	d.  Item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

5.  The applicant's DD Form 214 shows he entered active duty on 29 April 1969, was honorably released from active duty on 11 May 1971, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960).
6.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 27 May 2009, shows that item 24 of the applicant's 11 May 1971 DD Form 214 was corrected to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Headquarters, U.S. Army Human Resources Command (USA HRC), Alexandria, VA, memorandum, dated 27 May 2009, shows the Chief, Military Awards Branch, responded to the applicant's request for orders for the Combat Infantryman Badge.  This document also shows that after a review of the applicant's Official Military Personnel File, no orders for the Combat Infantryman Badge could be found.  This document further shows the applicant was advised that upon receipt of appropriate documentation that provides conclusive evidence of his satisfactory participation in ground combat while his unit was actively engaged with the enemy, a determination would be made on his request.

8.  There is no evidence the applicant provided any documentation to the Military Awards Branch, USA HRC, Alexandria, VA, for a determination on his request for the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served in MOS 11B2O during his tour of duty in Vietnam.

2.  The evidence of record shows that during the applicant's service in the RVN he served in MOS 11B.  While the evidence of record shows the applicant served in an infantry MOS during his service in the RVN, the evidence of record also shows he was assigned to a cavalry unit (i.e., C Troop, 2nd Squadron,
1st Cavalry, FFFV) during his tour of duty in the RVN.

3.  There is no evidence that shows the applicant was assigned or attached to an infantry unit or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in the RVN. Thus, the evidence of record fails to show the applicant met the strict regulatory criteria established for award of the Combat Infantryman Badge.  Therefore, the evidence of record fails to support the applicant's claim to the Combat Infantryman Badge in this case.

4.  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.  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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20090009375



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ABCMR Record of Proceedings (cont)                                         AR20090009375



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