IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090015694 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, that when he served in the Republic of Vietnam he was assigned to Company D, 52nd Infantry Regiment in Qui Nhon and he later served with Company C, 54th Infantry Regiment in Cha Rang Valley.  He performed the same duties as the rest of his unit and they were all infantry Soldiers, except him.  He never received his Combat Infantryman Badge or any type of recognition for the work he did.  He even went on a mortar mission while serving with the 52nd Infantry, he had never seen a mortar prior to that day; but, he learned quickly and became an infantryman on that day.  He did receive nonjudicial punishment, but he performed his duties.  The Army never changed his specialty to infantry and he was never given the Combat Infantryman Badge which he believes he is entitled to.  He wants his grandchildren to be proud of his service and all those who will follow in the future.  

3.  The applicant provides copies of his DD Forms 214 dated 24 September 1970 and 17 April 1972, and a copy of page 3 of his 4-page DA Form 20 (Enlisted Qualification Record) in support of his request.





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 records show he enlisted in the Regular Army (RA) for a period of 3 years on 5 November 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64C (Light Vehicle Diver).  He was honorably discharged on 24 September 1970 for the purpose of immediate reenlistment and executed 
a 4-year reenlistment on 25 September 1970.  He was discharged on 17 April 1972.  

3.  The applicant’s records also show he served in the Republic of Vietnam from on or about 3 December 1970 to 26 December 1971.  He was assigned as follows: 

	a.  From on or about 13 December 1970 to 23 March 1971, he was assigned to Headquarters and Headquarters Detachment, U.S. Army Pacific Command, as a light vehicle driver. 

	b.  From on or about 24 March 1971 to 13 August 1971, he was assigned to Headquarters and Headquarters Company, 8th Supply and Service Battalion, as a light vehicle driver.

	c.  From on or 14 August 1971 to 21 September 1971, he was assigned to Company D, 52nd Infantry as a light vehicle driver.

	d.  From on or about 22 September 1971 to 21 December 1971, he was assigned to Company C, 54th Infantry as a heavy vehicle driver. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal with Device 1960, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Combat Infantryman Badge.

6. There are no orders in the applicant's records that show he was awarded 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 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.  Additionally, Appendix V of USARV 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 DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  The applicant's service in the Republic of Vietnam is not in question.  Additionally, the applicant's sincerity with regard to his participation and/or being involved in a mortar mission in the Republic of Vietnam is also not in question.   However, there is no evidence in the available records and the applicant did not submit documentary evidence that shows he was awarded or held an infantry MOS or that he was an active participant in combat while assigned to his infantry unit.  The available evidence indicates he held a transportation MOS.  

3.  As the applicant is aware, all Soldiers are provided basic combat skills training after they enter the Army.  This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  Nevertheless, no other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry. 

4.  In the absence of evidence that the applicant held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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)                                         AR20090015694



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090015694



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1