IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090015496
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 the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 July 1971.
2. The applicant states that he was a platoon leader with the 101st Airborne Division in Vietnam, where he served in many combat situations on the ground.
3. The applicant provides no additional documentation in support of this case.
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 had prior enlisted service. He was commissioned as an officer of the U.S. Army Reserve and entered active duty 19 September 1969, after successfully completing the Infantry Officer Basic Course.
3. The applicant arrived in Vietnam and was assigned to A Company, 2nd Battalion, 502nd Infantry, 101st Airborne Division on 28 August 1970 where he performed duties as a platoon leader. On or about 15 December 1970, he departed Vietnam and was admitted [reason unknown] to the Medical Holding Company, Camp Zama, Japan. On or about 11 January 1971, the applicant was assigned to the Medical Holding Company, Letterman General Hospital, San Francisco, California. On 24 February 1971, he was assigned to the Basic Combat Training Command Group, Fort Ord, California where he served as an instructor.
4. On 18 July 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group. His DD Form 214 for the period ending 18 July 1971 does not show award of the Combat Infantryman Badge.
5. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. Item 21 (Awards and Decorations) of his DA
Form 66 (Officer Qualification Record) does not show award of the Combat Infantryman Badge.
6. 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 military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was awarded an infantry specialty and that he served in an infantry position with A Company, 2nd Battalion, 502nd Infantry, 101st Airborne Division in Vietnam. However, there is no evidence he participated in active ground combat during the time he served with the 502nd Infantry. There are no orders showing he was awarded the Combat Infantryman Badge. Unfortunately, there is insufficient evidence to show he is eligible for 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) AR20090015496
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ABCMR Record of Proceedings (cont) AR20090015496
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