IN THE CASE OF:
BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090011345
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 completion of the Recondo Preparatory Course should qualify him for the award of the Combat Infantryman Badge.
3. The applicant provides copies of his Recondo Preparatory Course Certificate and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 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 military personnel records show he enlisted in the Regular Army on 8 February 1968 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 64A (Light Vehicle Driver).
3. The applicant was assigned to the 4th Administration Company, 4th Infantry Division, in the Republic of Vietnam from 19 July 1969 to 1 July 1970. His principal assigned duty was as a light truck driver.
4. There are no orders in the applicant's military personnel records jacket for the award of the Combat Infantryman Badge.
5. On 5 February 1971, the applicant was released from active duty due to the expiration of his term of enlistment. He had completed 2 years, 11 months, and 28 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Combat Infantryman Badge.
6. The applicant was given a certificate, dated 9 November 1969, for completion of the Recondo Preparatory Course at Camp Enari in the Republic of Vietnam.
7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, 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.
8. Appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era, infantry specialties for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was assigned duties in MOS 64A during his assignment to the 4th Administration Company in the Republic of Vietnam. There is no evidence of record and the applicant has submitted no evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size while he was assigned in the Republic of Vietnam. Therefore, the applicant does not meet the regulatory requirements 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. 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.
ABCMR Record of Proceedings (cont) AR20090011345
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ABCMR Record of Proceedings (cont) AR20090011345
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