IN THE CASE OF:		  

		BOARD DATE:	18 March 2010  

		DOCKET NUMBER:  AR20090015430 


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 Infantryman Badge.

2.  The applicant states that he proudly served with Company B, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division, in the Republic of Vietnam from 6 June 1966 to 11 April 1967.  He contends that he was a squad leader during the battle at Hill 86 on 17 September 1966.  During this combat his company commander, platoon sergeant, and a fellow squad leader were killed.  Many other friends and associates sustained wounds and/or were killed.  His records do not reflect award of the Combat Infantryman Badge.  He suggests that another Soldier with the same surname may have received his Vietnam service credit and medals.

3.  In support of his application, the applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); release from active duty orders; certificate for award of the Bronze Star Medal; four letters of support; DA Form 1594 (Daily Staff Journal or Duty Officer's Log) for the 2nd Battalion, 327th Infantry Regiment, dated 17 September 1966; After Action Report for Operation Nathan Hale, dated 15 July 1966; After Action Report for Operation John Paul Jones, dated 27 March 1967; and Company B Personnel Roster, dated 11 September 1966.



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 1 March 1962, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training, to include the Field Communications Crewman Course at Fort Jackson, South Carolina.  He was awarded military occupational specialty (MOS) 311.10 (Infantry Communications Specialist).  He was assigned for duty in Europe, where he served for a period of 1 year, 4 months, and 1 day.

3.  On 16 February 1965, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four/pay grade E-4 and had completed 2 years, 11 months, and 16 days of creditable active duty service.

4.  On 11 May 1965, the applicant enlisted in the Regular Army for another 
3-year period.  As a member of the Signal Corps, he was awarded MOS 36K (Tactical Wire Operations Specialist).

5.  Records show the applicant was assigned to Company B, 2nd Battalion (Airborne), 327th Infantry Regiment, in the Republic of Vietnam from approximately June 1966 to April 1967.

6.  Special Orders Number 289, Headquarters, 1st Brigade, 101st Airborne Division, dated 16 October 1966, amended Special Orders Number 286, to show the applicant's primary MOS as 31G4P (Tactical Communications Chief) vice 36K4P.

7.  On 24 April 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of staff sergeant/pay grade E-6 and had completed 2 years, 11 months, and 13 days of creditable active duty service during this period.

8.  The applicant was discharged from the U.S. Army Reserve on 25 May 1968.  

9.  On 26 September 1978, the applicant enlisted in the U.S. Army Reserve and was assigned to the 304th Civil Affairs Group.   He was called to active duty in support of Operation Desert Shield/Desert Storm during the period 27 December 1990 to 3 June 1991.

10.  The applicant's evidence shows:

	a.  The four letters of support provided by the applicant essentially state that the applicant had served in combat with each of the authors.

	b.  The DA Form 1594, dated 17 September 1966, reported that Company B, 2nd Battalion, 327th Infantry Regiment, had many wounded in action and needed a lot of medical evacuations.  Both the commander and executive officer from Company B were killed.

	c.  The After Action Report for Operation John Paul Jones, dated 28 September 1966, reported that the 2nd Battalion, 327th Infantry Regiment, had relieved two other battalions and assumed the mission of securing the location.  On 18 August 1966, the battalion began an overland covert movement to protect the rice harvest.  On 26 August 1966, the battalion, along with other units, encircled a suspected enemy location and closed on converging axes.  The attack produced sporadic enemy contact.

	d.  The unit roster for Company B, 2nd Battalion, 327th Infantry Regiment, shows the applicant was a member of the unit and that his scheduled date for return to the United States was May 1967.

11.  Army Regulation 600-8-22 (Military Awards) provides 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.

12.  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 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.  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.  The applicant contends that his military records should be corrected to show award of the Combat Infantryman Badge.

2.  The available evidence of record shows that during the applicant's service in the Republic of Vietnam he held a Signal MOS.  As such, he did not qualify for award of the Combat Infantryman Badge.

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)                                         AR20090015430



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ABCMR Record of Proceedings (cont)                                         AR20090015430



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