IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090017069 


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 records to add award of the Combat Infantryman Badge.

2.  The applicant states he attended basic combat training at Fort Benning, Georgia, in August 1966.  He was then sent to Fort Rucker, Alabama, for advanced individual training as a mortar man in military occupational specialty (MOS) 11C.

	a.  He served in MOS 11C while assigned to the 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division, in the Republic of Vietnam (RVN) from September 1967 to August 1968.

   b.  He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his MOS of 11C1O and that he was awarded the Combat Infantryman Badge.
   
3.  The applicant provides a copy of his 20 July 1971 DD Form 214.

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 was inducted into the U.S. Army for a period of 2 years on
23 August 1966.

3.  Headquarters, 197th Infantry Brigade, Fort Benning, Georgia, Special Orders Number 8, dated 11 January 1967, awarded the applicant MOS 11C1O as his primary MOS, effective 1 January 1967.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), audited on
28 May 1968, shows in:

   a.  item 22 (Military Occupational Specialties) he was awarded MOS 11C2O (Infantryman Indirect Fire Crewman) on 1 January 1967;

   b.  item 31 (Foreign Service) he served in the RVN from 15 September 1967 through 11 August 1968;

   c.  item 38 (Record of Assignments) he served in:

       (1)  duty MOS 11C1O as an ammunition bearer while assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized),
5th Infantry (RVN), from 18 September through 27 September 1967; and

       (2)  duty MOS 11C2O as a mortar carrier driver while assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized),
5th Infantry (RVN), from 28 September 1967 through 5 August 1968; and

	d.  Item 41 (Awards and Decorations) the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and 1 Overseas Service Bar. 

5.  A DD Form 214 shows the applicant entered active duty on 23 August 1966, was honorably released from active duty on 10 August 1968, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 18 days of net active service this period and 10 months and 26 days of foreign service.

	a.  Item 23a (Specialty Number and Title) shows MOS 11C1O, Mortar.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.

6.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) for a period of 4 years on
30 November 1970.  Item 48 shows he enlisted for MOS 76P2O, Stock Control and Accounting Specialist.

7.  Headquarters, U.S. Army Quartermaster School Brigade, Fort Lee, Virginia, Special Orders Number 41, dated 25 February 1971, awarded the applicant MOS 76P2O as his primary MOS and MOS 11C1O as his secondary MOS, effective 26 February 1971.

8.  A DD Form 214 shows the applicant entered active duty on 30 November 1970 and he was honorably discharged on 20 July 1971 for the purpose of his immediate reenlistment.  At the time he had completed 7 months and 21 days of net active service this period.

	a.  Item 23a shows MOS 76P2O, Stock Control Accounting Specialist.

	b.  Item 24 shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and 2 Overseas Service Bars.

	c.  Item 30 (Remarks) shows he served in the RVN from September 1967 to August 1968.

9.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge and states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge.

2.  The applicant was inducted into the Army on 23 August 1966, he trained in MOS 11C, and was awarded MOS 11C1O as his primary MOS effective
1 January 1967.  

3.  During the applicant's period of service in the RVN he performed duty in MOS 11C while assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry, from 18 September 1967 through 5 August 1968.

   a.  There is no evidence that shows the applicant participated in ground combat while his unit was engaged in active ground combat.
   
   b.  There is no evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge.

   c.  Thus, the evidence of record fails to show the applicant met the strict regulatory criteria established for award of the Combat Infantryman Badge.  Therefore, the available evidence is insufficient to support the applicant's claim to 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:

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 the applicant 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)                                         AR20090017069



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017069



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1