BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090014262 


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 held military occupational specialty (MOS) 11B (Infantryman).  He was assigned to Company A, 1st Battalion, 14th Infantry Regiment, and then to the Long Range Reconnaissance Platoon (LRRP),
3rd Brigade, 4th Infantry Division, while serving in the Republic of Vietnam (RVN).  He also states he actively participated in combat and engaged the enemy while serving in the RVN.  He adds that he deserves the Combat Infantryman Badge based on his service as an infantryman in the RVN.

3.  The applicant provides copies of his separation document and six "buddy" statements.

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 service records for the period in question are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.
It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty in the Regular Army (RA) for a period of 3 years on 29 August 1968, was honorably released from active duty on 28 August 1971, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service this period and 1 year of foreign service.

	a.  Item 23a (Specialty Number and Title) shows MOS 00F4O, Drill Sergeant.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with (M-14 and M-16) Rifle Bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal,
2 Overseas Service Bars, and the Army Good Conduct Medal.

	c.  Item 30 (Remarks) shows he served in the RVN from 21 January 1969 to 20 January 1970.

4.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

5.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict revealed that Headquarters, 4th Infantry Division, General Orders Number 8034, dated 18 December 1969, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force from January 1969 to January 1970.  The orders show the applicant was assigned to Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division (RVN).




6.  In support of his application, the applicant provides the following documents:

	a.  A letter from Major R------ E. G------ (U.S. Army, Retired), undated and unsigned.  He states he has direct knowledge of the applicant's service during the period May to November 1969.

       (1)  They were assigned to the LRRP, which was designated "K Company, 75th Infantry" and assigned to the 3rd Brigade, 4th Infantry Division (RVN).

       (2)  He states the applicant was assigned to the LRRP, was an enlisted infantryman with MOS 11B, and satisfactorily performed his assigned duties, including engagement in active ground combat.  He describes a hostile attack at Landing Zone Oasis in the Fall of 1969 when the applicant was under direct enemy fire.

	b.  Two email messages from Mr. R----- H--------, dated 22 and 23 June 2003.  He states he joined the LRRP in August 1968 and served as a team leader in the LRRP in April 1969, but "I can't place your [the applicant's] name."

   c.  A letter from Mr. P--- S. S----, dated 28 July 2009.  He states he served as an infantryman and squad leader of the 2nd Squad, 2nd Platoon, Company A, 1st Battalion, 14th Infantry Regiment, from March 1968 to March 1969.
   
       (1)  He recalls the applicant was assigned to his squad from approximately January to March 1969.
   
       (2)  He states the applicant was at a battle near Chu Pa in February 1969 and should have earned the Combat Infantryman Badge just as he and others did at the time.

	d.  An unsigned letter from Lieutenant Colonel (LTC) R----- L. P------ (U.S. Army, Retired), dated 1 August 2009.  He states he was the Assistant S-2 (Intelligence) Collection Officer for the 3rd Brigade, 4th Infantry Division, during the period 5 August 1969 to 6 January 1970 and dealt with the LRRP missions.

       (1)  He states he reviewed the personnel records of the LRRP members, including the applicant's records, and recalls the applicant served as a rifleman in MOS 11B while assigned to Company A, 1st Battalion, 14th Infantry Regiment, from January to April 1969 prior to volunteering for the LRRP.

       (2)  He states the applicant served in the LRRP from April to October 1969 and then in the Brigade S-2 in MOS 11B from October 1969 to January 1970.

	e.  An email message from LTC R----- L. P------, dated 3 August 2009, in which he states "[c]an't believe A company screwed up and put an incorrect Service Number on your CIB [Combat Infantryman Badge], well, knowing how things were at that time, I guess I really can."  He adds, "I actually did not get a CIB till I was in Headquarters and Headquarters Company, 3rd Brigade at the Oasis."

	f.  An email message from Mr. J--- F. S------, Jr., dated 2 August 2009.  He states he knows the applicant served as an infantryman while assigned to Company A, 1st Battalion, 14th Infantry Regiment, before joining the LRRP and he should have been awarded the Combat Infantryman Badge.  He states the applicant was a team member on the LRRP and he completed approximately
25 missions from May to October 1969 that involved close enemy contact and firefights with the enemy.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge and states, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served as an infantryman in MOS 11B while assigned to Company A, 1st Battalion, 14th Infantry, and in the LRRP,
3rd Brigade, 4th Infantry Division; he actively participated in combat; and he engaged the enemy while serving in the RVN.

2.  The applicant's contentions, along with the statements of the former Soldiers he served with, were carefully considered.

	a.  Despite the absence of military personnel records for the period of service under review, the evidence of record supports his contention that he served as an infantryman in MOS 11B while assigned to Company A, 1st Battalion,
14th Infantry, from January through March 1969 and in the LRRP, 3rd Brigade, 4th Infantry Division, from April 1969 to October 1969.

	b.  The applicant's former squad leader states the applicant was at a battle near Chu Pa in February 1969 and should have earned the Combat Infantryman Badge just as he and others did.  However, the former squad leader does not state he recommended the applicant for the Combat Infantryman Badge and he offers no explanation as to why he (presumably) did not recommend the applicant for the badge at the time.

   c.  There is no evidence that shows the applicant was recommended for award of the Combat Infantryman Badge during the time he served in the RVN. 

   d.  LTC P------ expressed his understanding of how the applicant's former unit (Company A) could err by putting an incorrect Service Number on the applicant's Combat Infantryman Badge.  However, the applicant failed to provide a copy of the document in support of his claim to the Combat Infantryman Badge.
   
   e.  While the third party statements are not in dispute, they alone are insufficient to show the applicant met the strict regulatory criteria established for award of the Combat Infantryman Badge.  Thus, the evidence of record fails to support the applicant's claim to the Combat Infantryman Badge in this case.

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 this 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)                                         AR20090014262



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ABCMR Record of Proceedings (cont)                                         AR20090014262



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