BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090016249
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 that his award of the Combat Infantryman Badge be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he has orders for the Combat Infantryman Badge and it is not shown on his DD Form 214. He also states that his DA Form 20 (Enlisted Qualification Record) clearly states he was awarded the CIB.
3. In support of his application, the applicant provides a copy of his DA Form 20.
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 Regular Army in pay grade E-1 on 7 February 1962. He completed advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 23 November 1962. He was promoted to pay grade E-4 on 10 August 1963. He served in Korea from 1 December 1962 to 6 January 1964. He was honorably discharged from active duty on 6 February 1964 at the expiration of his term of service.
3. The applicant enlisted in the Regular Army in pay grade E-4 on 7 February 1964 for 3 years. He was awarded primary MOS 94B (Cook) on 7 February 1964 (with MOS 11B retained as his secondary MOS) and served in MOS 94B during his period of service in Vietnam. He served in Vietnam from 5 December 1965 to 4 December 1966. Item 38 (Record of Assignments) of his DA Form 20 shows his assigned duty as cook. Item 38 does not show he performed the duties of an infantryman during his period of service in Vietnam. He was awarded the Purple Heart for wounds received in action on 23 September 1966.
4. The applicant was honorably released from active duty in pay grade E-5 on 14 December 1966 as an overseas returnee. He was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. Entries on the applicant's DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), show the following awards: the Vietnam Campaign Medal, the Vietnam Service Medal, the Purple Heart, the Army Good Conduct Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. The applicant's DA Form 20, Item 41 (Awards and Decorations), lists the following awards: the Army Good Conduct Medal (1st Award), the Vietnam Service Medal, the Combat Infantryman Badge, the National Defense Service Medal, one overseas service bar, the Vietnam Campaign Medal, the Purple Heart, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7. There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.
8. 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) 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. Notwithstanding the fact the applicant was awarded the Purple Heart for wounds received in Vietnam on 23 September 1966, the evidence shows during his period of service in Vietnam he performed the duties of a cook. There is no evidence he performed the duties of MOS 11B during his service in Vietnam. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit. The evidence of record does not confirm and he has not shown that he was eligible for award of the Combat Infantryman Badge during his period of service in Vietnam.
2. Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.
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.
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