IN THE CASE OF:	

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090016520 


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.

2.  The applicant states that the Combat Infantryman Badge was omitted from his records as he served continuously for 12 months as a cavalry platoon leader supervising and engaging with infantry units in combat.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 December 1967; and a witness statement, dated 17 August 2009, 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 was appointed as an armor Reserve commissioned officer in the rank of second lieutenant and he executed a DA Form 71 (Oath of Office - Military Personnel) on 6 June 1965.  He subsequently entered active duty on 28 February 1966 and he completed the Armor Officer Basic Course at the U.S. Army Armor School, Fort Knox, KY, and the Basic Airborne Course at Fort Benning, GA.

3.  The applicant's records also show he served in the Republic of Vietnam from on or about 16 December 1966 to on or about 16 December 1967.  He was assigned as follows:

	a.  He was assigned as a platoon leader to Troop C, 3rd Squadron, 4th Cavalry, 3rd Brigade, 25th Infantry Division from on or about 17 January 1967 to on or about 11 August 1967.

   b.  He was assigned as a liaison officer to Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry, 4th Brigade, 25th Infantry Division from on or about 12 August 1967 to on or about 14 December 1967.

4.  The applicant's records also show he was honorably released from active duty on 20 December 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 December 1967 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with 1st Oak Leaf Cluster and "V" Device, Parachutist Badge, Purple Heart, and the Vietnam Service Medal.  Item 24 does not show award of the Combat Infantryman Badge.

6.  The applicant's records also show the following:

	a.  He was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 14 May 1967 while assigned to Troop C, 3rd Squadron, 4th Cavalry, 3rd Brigade, 25th Infantry Division.

	b.  He was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 11 May 1967 while assigned to Troop C, 3rd Squadron, 10th Cavalry, during a search and destroy mission conducted in conjunction with an element of the 2nd Battalion, 35th Infantry.

	c.  His DA Form 67-5 (U.S. Army Officer Efficiency Report) during the period 2 May 1967 to 10 August 1967 shows he spent most of his time during this rating period under the operational control of infantry battalions in the 3rd Brigade Task Force, 25th Infantry Division.

7.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show he was awarded the Combat Infantryman Badge.

8.  There are no official orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

10.  The applicant submitted a statement, dated 17 August 2009, from a former Soldier in which he states that he served under the applicant's command in
C Troop, 3rd Squadron, 4th Cavalry.  He also states that they saw continuous combat in 1967 as ground support for numerous infantry units and that because of this continuous support, special orders were cut to award them the Combat Infantryman Badge in recognition of their shared combat.  However, the platoon leader (the applicant) was excluded.  He further states that he can personally vouch that the applicant saw combat and he was a major force in engaging the enemy.

11.  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.  

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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 military occupational specialty 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.  The applicant contends that he should be awarded the Combat Infantryman Badge. 

2.  The applicant's service in the Republic of Vietnam and combat awards (Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device and Purple Heart) are not in question.  They clearly show that he engaged the enemy.  However, there is no evidence in the available records and the applicant did not submit any substantiating evidence that shows he held an infantry specialty.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  

The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090016520



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ABCMR Record of Proceedings (cont)                                         AR20090016520



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