BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090011572 


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 was not awarded the Combat Infantryman Badge for his service in the Republic of Vietnam.

3.  The applicant provides, in support of his application, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his DA Form 20 (Enlisted Qualification Record).

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 (RA) on 21 December 1967 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  With the exception of two short periods, the applicant was assigned to Company C, 4th Battalion (Airborne), 503rd Infantry in the Republic of Vietnam as a rifleman and machine gunner during the period 27 July 1968 to 20 July 1969.  He was assigned in a patient status to the 17th Field Hospital during the periods 21 November to 2 December 1968 and 28 December 1968 to 5 January 1969.

4.  On 30 December 1968, the applicant was awarded the Purple Heart for a punji stake wound to his left ankle while on a clearing patrol.

5.  On 16 April 1969, the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period June 1968 to May 1969.

6.  On 18 April 1969, the applicant was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period
1 December 1968 to 1 May 1969.

7.  On 20 April 1969, the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 1 June 1968 to 1 June 1969.

8.  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 does not show award of the Combat Infantryman Badge.

9.  On 9 December 1970, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 2 years, 11 months, and 19 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Combat Infantryman Badge.
 
10.  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 contends he should have been awarded the Combat Infantryman Badge for his service 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.  The applicant was assigned as a rifleman and a machine gunner in MOS 11B with Company C, 4th Battalion (Airborne), 503rd Infantry while in the Republic of Vietnam.  He was awarded the Purple Heart for a wound he received when he stepped on a punji stake while on a clearing patrol.  However, the receipt of this award does not show he was present and under hostile fire while assigned to his unit.

4.  The applicant's awards of the Bronze Star Medal, Air Medal, and the Army Commendation Medal were all awarded for meritorious service or achievement.  These awards do not show he was present and under hostile fire while assigned to his unit.

5.  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 C, 4th Battalion (Airborne), 503rd Infantry.  Therefore, there is insufficient evidence to award the Combat Infantryman Badge.

6.  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:

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)                                         AR20090011572



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ABCMR Record of Proceedings (cont)                                         AR20090011572



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