BOARD DATE: 2 February 2010
DOCKET NUMBER: AR20090014370
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 that he received the Combat Infantryman Badge and it is not shown on his DD Form 214. He contends that his military occupational specialty (MOS) was 11B20 (light weapons infantryman).
3. The applicant provides a copy of his DD Form 214 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 9 March 1966. He was awarded MOS 57A (Duty Soldier) effective 30 June 1966. He arrived in Vietnam on 12 December 1966. His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 57A assigned to Headquarters and Headquarters Company (HHC), 1st Cavalry Division in Vietnam from
17 December 1966 through 8 December 1967. However, orders, dated
7 September 1967, show the applicant was awarded primary MOS 11B and MOS 57A was withdrawn. On 9 December 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. The applicants 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. 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:
Although the evidence of record shows the applicant held and served in an infantry MOS, he was assigned to HHC, 1st Cavalry Division 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 or smaller size in Vietnam. In addition, there are no orders for the Combat Infantryman Badge. Therefore, 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.
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