IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090011122 


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. 

2.  The applicant states that as a member of the 2nd Battalion, 5th Cavalry, he exchanged fire with hostile forces on several occasions during his service in the Republic of Vietnam.  He adds that he and his unit were under hostile fire for lengthy periods of time and at several locations and that the unit took heavy casualties.  He concludes that he was told he would receive the Combat Infantryman Badge and that other members of his squad received the badge. 

3.  The applicant provides a copy of his DD Form 214, dated 6 December 1965; a copy of a certificate, dated 5 March 1965, showing completion of the Emergency Medical Care Course; copies of several photographs of himself in Vietnam; a copy of Letter Orders 331, issued by Headquarters, 1st Cavalry Division, Fort Benning, GA, on 30 July 1965; and a copy of an undated Special Edition of a Cavalry Newsletter, 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's records show he was inducted into the Army of the United States and he entered active service on 10 December 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36A (Field Communications Crewman).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 (Temporary) on 6 December 1965 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 17 August 1965 to on or about 4 December 1965.  He was assigned to Company A, 2nd Battalion, 5th Cavalry, 1st Cavalry Division, as a wireman. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Rocket Launcher Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.  

6. There are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

7.  The applicant submitted the following documentation in support of his request:

	a.  A certificate of training, dated 5 March 1965, showing he completed the Emergency Medical Care course at Fort Benning.

	b.  Copies of several photographs of himself in a foxhole, securing a perimeter, crossing a river, and reading a book with a radio on his back, as well as photographs of several valleys in the Republic of Vietnam.
	c.  A copy of Letter Orders 331, issued by Headquarters, 1st Cavalry Division, Fort Benning on 30 July 1965, ordering the 2nd Battalion, 5th Cavalry, on a permanent change of station from Fort Benning to the U.S. Army Pacific Command. 

	d.  A copy of an undated cavalry newsletter describing the 2nd Battalion,
5th Cavalry's various involvements in combat operations in the Republic of Vietnam.

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.  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 service in the Republic of Vietnam is not in question.  Additionally, the applicant's sincerity with regard to his participation and/or being involved in combat operations in the Republic of Vietnam is also not in question.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. 

3.  There is no evidence in the available records and the applicant did not submit sufficient evidence that shows he held an infantry MOS, was assigned and/or attached to an infantry unit, or that he was an active participant in combat while assigned to his infantry unit.  The available evidence indicates he held a communications MOS and was assigned to a cavalry unit, not an infantry unit.

4.  In the absence of evidence that the applicant held an infantry MOS, was assigned or attached to an infantry unit, and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, 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.



      ___________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)                                         AR20090011122



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ABCMR Record of Proceedings (cont)                                         AR20090011122



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