BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014924
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 military records to show award of the Combat Action Badge.
2. The applicant states he served in the Republic of Vietnam in a combat area where he engaged the enemy and was exposed on a daily basis to dead and dying Soldiers due to mortar and rocket attacks. He contends the Army should consider him for award of the Combat Action Badge.
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 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 served in the Regular Army from 20 November 1959 to 7 November 1962.
3. On 17 June 1964, the applicant again enlisted in the Regular Army for 3 years. He completed advanced individual training and was awarded military occupational specialty (MOS) 31J (Teletype Equipment Repairman).
4. On 12 February 1966, the applicant departed Fort Davis, California, for duty in the Republic of Vietnam. On 30 July 1966, he arrived for duty with the 149th Maintenance Company. He served with this unit until his return to the United States in May 1967.
5. On 3 June 1967, the Army released the applicant from active duty. He had attained the rank of specialist four, pay grade E-4, and had completed a total of 7 years, 4 months, and 14 days of creditable active duty service.
6. 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, Vietnam Service Medal, and the Army Good Conduct Medal. It does not show award of the Combat Action Badge or the Combat Infantryman Badge.
7. 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.
8. U.S. Army Vietnam Regulation 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 was 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 that MOS's "in the 11 series with the letters B, C, D, F, G, and H" are infantry MOS's.
9. Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his combat service qualified him for award of the Combat Action Badge.
2. The evidence clearly shows that the applicant's period of service was prior to the authorization of the Combat Action Badge.
3. Furthermore, the applicant did not hold a qualifying MOS or meet any of the other requirements for award of the Combat Infantryman Badge.
4. In view of the above, the Board should deny 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) AR20090014924
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