IN THE CASE OF:	  

		BOARD DATE:	   29 December 2009

		DOCKET NUMBER:  AR20090012215 


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the badge in Vietnam but it is not reflected on his DD Form 214.  He contends that he cannot locate the orders but he has testimonials from officers and noncommissioned officers he served with in Vietnam.

3.  The applicant provides four statements 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 enlisted in the Regular Army on 13 May 1970 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in MOS 11B1Y (pathfinder qualification) and MOS 11B4Y assigned to Headquarters and Headquarters Company, 101st Aviation Group of the 101st Airborne Division in Vietnam from 27 January 1971 through 22 December 1971.  On 10 August 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 

3.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.  

4.  There are no orders for the Combat Infantryman Badge in the available documents.  

5.  In support of his claim, the applicant provided four statements from fellow Soldiers at the time in question.  One Soldier attests that he served with the applicant in the Pathfinder platoon, 101st Airborne Division in Vietnam.  He states that the applicant participated in numerous airmobile combat assaults, that the applicant was involved in several direct combat actions, and that he and a captain presented the Combat Infantryman Badge to the applicant on a firebase in 1971. 

6.  One Soldier, a first lieutenant in the Pathfinder platoon, attests that the applicant was assigned to the Pathfinder platoon as a pathfinder qualified infantryman from January 1971 to December 1971.  He states that the unit's primary mission was to insert small teams of 3 to 5 pathfinders by helicopter into enemy held territory, secure a landing zone, and provide terminal guidance into the landing zone for follow on units.  He contends that the primary MOS for the enlisted members of this platoon was 11B4Y (11B4 infantryman with the skill identifier of "Y" for pathfinder qualification) and that they were considered infantry Soldiers and eligible to receive the Combat Infantryman Badge.  He also states that he remembers the applicant was awarded the Combat Infantryman Badge.   

7.  The other two Soldiers attest that the applicant was under direct fire and was awarded the Combat Infantryman Badge in 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 MOS.  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 he was awarded the Combat Infantryman Badge and it should be included on his DD Form 214.

2.  There are no orders for the Combat Infantryman Badge.  The evidence of record shows the applicant held and served in an infantry MOS and that he was assigned to an aviation group during his assignment in Vietnam.  There is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  In the absence of orders, the statements provided by the applicant are not sufficient as a basis for award of the Combat Infantryman Badge.  Regrettably, there is insufficient evidence on 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)                                         AR20090012215





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ABCMR Record of Proceedings (cont)                                         AR20090012215



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