IN THE CASE OF:	  

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090015595 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he believes he should have been awarded the Combat Infantryman Badge for his service as a rifleman in Vietnam in a combat infantry unit.  He served with Company C, 1st Battalion, 8th Cavalry, 1st Cavalry Division, in Vietnam as a rifleman from 3 May 1967 to 2 November 1967 when he was medically evacuated to the Camp Zama Hospital in Japan.  He also states, in effect, that his record of assignments shows he served in military occupational specialty (MOS) 11B (infantryman) during his period of service in Vietnam and also shows the aforementioned information.

3.  The applicant provides copies of pages 2 and 3 of his DA Form 20 (Enlisted Qualification Record) 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's military records show he was inducted into the Army of the United States in pay grade E-1 on 25 October 1966 for 2 years.  His records show he completed training and was awarded MOS 11B (Light Weapons Infantryman).  He served in Vietnam from on or about 27 April 1967 to 25 December 1967 with Company C, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile).

3.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 29 September 1967, shows the applicant sustained a blast injury to his right hand on 27 September 1967 when he was preparing to mark a landing zone for an incoming logistics helicopter with a smoke grenade.  The smoke grenade prematurely exploded, injuring his right hand, and occurred in the line of duty.

4.  The applicant's DA Form 20, item 38 (Record of Assignments), shows during his period of service in Vietnam, he served in duty MOS 11B, and he was assigned to the 1st Cavalry (Airmobile).  Item 38 also shows he was placed in a patient status on 2 November 1967 at the Camp Zama Hospital and was subsequently medically evacuated to Korea and then to the United States.  He was then reclassified into MOS 71H (Personnel Specialist).

5.  The applicant was honorably released from active duty in pay grade E-4 on 16 September 1968 under an early release to attend school.  He was transferred to the U.S. Army Reserve Control Group (Annual Training).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.

7.  There are no orders in the applicant's service personnel records that show he was awarded the Combat Infantryman Badge.  His DA Form 20, item 41 (Awards and Decorations), contains no entry showing he was awarded the Combat Infantryman Badge.

8.  A search of the Awards and Decorations Computer-Assisted Retrieval System was conducted.  This review failed to show that any orders were published awarding the applicant the Combat Infantryman Badge during his service in Vietnam.

9.  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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided 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.

10.  U.S. Army Vietnam Regulation 672-1 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to show that the applicant was awarded the Combat Infantryman Badge while he served in Vietnam.  The evidence of record shows he served in an infantry MOS and in an infantry unit during his service in Vietnam.  However, there is no evidence of record and the applicant did not provide any evidence that confirms he participated in active ground combat while assigned to his infantry unit.  Therefore, there is an insufficient basis for granting the applicant's requested relief.

2.  The fact that a Soldier is serving in an infantry unit or in an infantry position alone is insufficient to award the Combat Infantryman Badge.  In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement to an award in the absence of evidence in the record.

3.  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.


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)                                         AR20090015595



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015595



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1