IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090015363
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 was told by the Department of Veterans Affairs (VA) that he should be awarded a Combat Infantryman Badge.
3. The applicant provides a self-authored statement on a VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)) in which he recounts an action wherein he and his unit encountered enemy forces during a night mission.
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. Records available to the Board indicate the applicant was inducted and entered active duty on 11 December 1963. Following completion of training as a Heavy Weapons Infantryman (11C) he was briefly assigned to an infantry unit at Fort Carson, Colorado and then to a cavalry unit at Fort Benning Georgia.
3. In August 1965 the applicant was reassigned to Vietnam as part of his cavalry units reassignment from Fort Benning. In November 1965 the applicant returned to the United States where, on 10 December 1965, he was released from active duty with an honorable characterization of service. There is no indication in available records that the applicant was ever recommended for or awarded the Combat Infantryman Badge.
4. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Combat Infantryman Badge.
5. Army Regulation 600-8-22 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 U.S. Army Vietnam Regulation 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:
1. Although the applicant may have held an infantry specialty and served in a position which would have made him eligible for award of the Combat Infantryman Badge, in the absence of orders or evidence confirming participation in ground combat there is no basis for correcting his record to reflect award of the Combat Infantryman Badge. Unfortunately, his self-authored statement to the VA rendered years after the fact, which is not supported by any corroborating evidence in the available official files, is not sufficient on which to base an award of the Combat Infantryman Badge.
2. 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.
3. In view of the foregoing, there is no basis for granting the applicant's request.
4. The applicant and all others concerned should 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.
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) AR20090015363
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ABCMR Record of Proceedings (cont) AR20090015363
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