IN THE CASE OF:	

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013218 


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 1967 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 makes no statement.

3.  The applicant provides a copy of his 1967 DD Form 214 and a copy of a 4 August 1966 letter indicating "the Combat Infantryman Badge with Special Orders Number 200" pertaining to the applicant was forwarded for presentation.

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.  Records available to the Board indicate the applicant was inducted into the Army of the United States and entered active duty on 26 May 1965.  He was trained as a radio operator (05B) and in December 1965 he was assigned duties as a radio operator with the U.S. Military Assistance Command in Vietnam.

3.  The letter provided by the applicant in support of his request for addition of the Combat Infantryman Badge to his DD Form 214 is dated 4 August 1966 and signed by the administrative officer of the 21st Infantry Division Advisory Detachment, Advisory Team 51.  The letter was addressed to the Senior Advisor of Advisory Team 58 and reads, in part, that "forwarded herewith is the Combat Infantryman Badge with Special Orders Number 200" pertaining to the applicant and that if “Colonel H____ does not arrive at your location with 24 hours of receipt, authorization is granted to make the presentation at an appropriate ceremony."

4.  A copy of the orders awarding the Combat Infantryman Badge were not included with the letter from the applicant to the Board and records available to the Board do not contain a copy or any other evidence confirming award of the Combat Infantryman Badge.

5.  The applicant departed Vietnam in December 1966 and was assigned to Fort Carson, Colorado.

6.  A copy of the applicant's DA Form 20 (Enlisted Qualification Record) contained in records available to the Board does not reflect award of the Combat Infantryman Badge in item 41 (Awards and Decorations).  The accuracy of the information reflected on the DA Form 20 was authenticated by the applicant on 19 January 1967 shortly after his arrival at Fort Carson.

7.  On 25 May 1967 the applicant was released from active duty with an honorable characterization of service.  His DD Form 214 does not reflect award of the Combat Infantryman Badge.

8.  In December 1975 the applicant returned to military service with the U.S. Army Reserve (USAR) and served in various components of the USAR (e.g., troop program units, Control Group (Reinforcement/Ready Reserve)) until he was ultimately discharged in 1995.

9.  In 1980 the applicant last authenticated the accuracy of the information reflected on his DA Form 2-1 (Personnel Qualification Record – Part II).  Item 9 (Awards, Decorations, and Campaigns) of that form does not reflect award of the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards), which superseded Army Regulation 672-5-1 (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 (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 3 to annex A of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators (05B) provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

11.  Army Regulation 672-5-1, in effect at the time, stated that permanent awards of badges, except basic marksmanship qualification badges and identification badges, would be announced in special orders by commanders authorized to make the award.  Today, Army Regulation 600-8-22 states that such badges will be announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may very well have been eligible for award of the Combat Infantryman Badge based on his performance of duties as a radio operator in Vietnam, unfortunately, in the absence of the special orders confirming award of the badge or at least a copy of the letter in the applicant's official military file, the letter provided by the applicant indicating the documents were being provided for presentation is insufficient evidence on which to base a correction to the applicant's records.

2.  Additionally, the absence of evidence of ground combat, one of the primary requirements for award of the Combat Infantryman Badge to an eligible individual, precludes confirming the badge based solely on the transmission letter provided by the applicant.

3.  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 the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.



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)                                         AR20090013218



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ABCMR Record of Proceedings (cont)                                         AR20090013218



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