IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090009754
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 his military occupational specialty (MOS) was 11B (Infantryman). He states he recently discovered that his award of the Combat Infantryman Badge was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214 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's military personnel records show he was inducted into the Army of the United States on 17 March 1969. He completed basic combat training and advanced individual training and was awarded the MOS of 11B.
3. The applicant was assigned to Company D, 3rd Battalion (Air Mobile), 506th Infantry in the Republic of Vietnam during the period from 30 September 1970 to 5 March 1971. He was assigned duties as an assistant machine gunner in MOS 11B.
4. There are no orders in the applicant's military personnel record awarding him the Combat Infantryman Badge. Item 41 (Awards and Decorations) of his
DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
5. On 9 March 1971, the applicant was released from active duty. He had completed 1 year, 11 months, and 23 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Combat Infantryman Badge.
6. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that 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 was assigned as an assistant machine gunner in the MOS of 11B to an infantry company while in the Republic of Vietnam.
2. The regulation specifies a recipient of the Combat Infantryman Badge must be personally present and under hostile fire while serving in an assigned infantry MOS, while the unit is actively engaged in ground combat with the enemy.
3. There is no evidence of record and the applicant has not submitted any evidence that shows he was present and under hostile fire while he was assigned to Company D, 3rd Battalion (Air Mobile), 506th Infantry. Therefore, there is insufficient evidence to award the Combat Infantryman Badge.
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 that 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.
_______ _ 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.
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