IN THE CASE OF:	

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090013653 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states that his DD Form 214 fails to show his award of the Combat Infantryman Badge.  He believes he has convincing and compelling evidence to support his case. 

3.  The applicant provides, in support of his application, copies of his DD Form 214; Special Orders Number 241, 199th Infantry Brigade, dated 29 August 1967; Special Orders Number 162, 199th Infantry Brigade, dated 10 June 1968; and Special Orders Number 200, 199th Infantry Brigade, dated 18 July 1968. 

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.  On 3 November 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).

3.  On 11 July 1967, the applicant departed Fort Knox, Kentucky, for assignment in the Republic of Vietnam.

4.  On 5 September 1967, the applicant was assigned for duty as a personnel clerk with Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade.  He served in this position until his return to the United States on or about 23 August 1968.

5.  On 30 September 1968, the applicant was assigned for duty as a clerk with 
C Company, 2nd Battalion, U. S. Army Ordnance Command and School, Aberdeen Proving Ground, Maryland.

6.  On 31 October 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years,
11 months and 28 days of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, Vietnam Service Medal, Good Conduct Medal, Valorous Unit Award, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Combat Infantryman Badge. 

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 22 (Military Occupational Specialties):  71H Personnel Specialist;

	b.  Item 33 (Appointments and Reductions):  Promoted to specialist four on 
10 November 1967; reduced to private first class on 5 June 1968; and promoted to specialist four on 29 November 1968; 

	c.  Item 38 (Record of Assignments): 5 September 1967 through 23 August 1968 assigned as personnel clerk, MOS 71H, while in the Republic of Vietnam.

9.  The applicant has provided three special orders published by the 199th Infantry Brigade.  They are not in the applicant's available records.  These orders show the following:

	a.  Special Orders Number 241, dated 29 August 1967:  Assigned the applicant, as a private first class, MOS 71H, to Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade, with a report date of 5 September 1968.

	b.  Special Orders Number 162, dated 10 June 1968: Awarded the applicant, as a specialist four, the Combat Infantryman Badge.

	c.  Special Orders Number 200, dated 18 July 1968: Assigned the applicant, as a specialist four from the Republic of Vietnam to Aberdeen Proving Ground, Maryland.

10.  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 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. 

11.  U.S. Army Vietnam (USARV) 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.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters b, c, d, f, g and h," are infantry MOS's.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records(ABCMR)) provides, in pertinent part, that the ABCMR will decide cases on the evidence of record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be changed to show that he was awarded the Combat Infantryman Badge.

2.  The applicant has provided copies of special orders that show he was awarded the Combat Infantryman Badge.  Unfortunately, these orders are not contained in the applicant's available records.

3.  The evidence of record shows that the applicant did not hold an infantry MOS which is a requirement for award of the Combat Infantryman Badge.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20090013653





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ABCMR Record of Proceedings (cont)                                         AR20090013653



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