IN THE CASE OF:	

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090012823 


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 Separation from Active Duty) to show award of the Combat Infantryman Badge.

2.  The applicant states that the Combat Infantryman Badge is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 28 June 1976, 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 entered active duty on 4 June 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's records also show he served in the Republic of Vietnam from on or about 9 July 1969 to on or about 15 November 1970.  He was assigned to Company C, 1st Battalion, 6th Infantry, 198th Infantry Brigade.

4.  The applicant's records further show that while he was serving in Vietnam, he was honorably discharged from active duty on 20 August 1969 for the purpose of immediate reenlistment.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  Item 24 does not show award of the Combat Infantryman Badge.

6.  The applicant's records also show he executed a 3-year enlistment in the Regular Army (RA) on 21 August 1969.  He was again honorably discharged for the purpose of immediate reenlistment while in Vietnam on 5 July 1970.

7.  Item 24 of the DD Form 214 he was issued for this period of service shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  Item 24 does not show award of the Combat Infantryman Badge.

8.  The applicant's records also show he executed a 6-year reenlistment in the RA on 6 July 1970.  He was subsequently trained in and awarded MOS 95B (Military Policeman) on 28 September 1970.  He served in various staff and leadership positions and attained the rank of staff sergeant.  He was honorably discharged on 28 June 1976.

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), the Army Good Conduct Medal (2nd Award), the Bronze Star Medal, and the Army Commendation Medal.  Item 26 does not show award of the Combat Infantryman Badge.

10.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's 
DA Form 2-1 (Personnel Qualification Record) does not list award of the Combat Infantryman Badge.  Additionally, there are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.

12.  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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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:

The applicant's infantry MOS and/or his service in the Republic of Vietnam are not in question.  However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was an active participant in ground combat while assigned to an infantry unit.  In the absence of evidence that he actively participated in ground combat while assigned to an infantry unit, 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:

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 him 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)                                         AR20090012823



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ABCMR Record of Proceedings (cont)                                         AR20090012823



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