BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090017342
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 upon his honorable discharge the Combat Infantryman Badge was not listed on his DD Form 214. He worked as a scout with the 9th Infantry and was attacked by the enemy and returned suppressive fire for defense of his unit and for self preservation. He conducted three or four operations where imminent danger was upon them.
3. In support of his application, the applicant provides copies of his DA Form 20 (Enlisted Qualification Record) and his 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 applicants 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 applicants 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 17 November 1965, for 2 years. He completed the training requirements and he was awarded military occupational specialty (MOS) 94B (Cook). He served in Vietnam from 10 January to 6 November 1967 in MOSs 94B and 11D (Scout).
3. The applicant was honorably released from active duty in pay grade E-3 on 6 November 1967, as an overseas returnee. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Combat Infantryman Badge.
4. Item 38 (Record of Assignments) of the applicants DA Form 20 shows he performed the duties of a scout with the 9th Infantry Division and 5th Cavalry during his period of service in Vietnam. Item 41 (Awards and Decorations) of his DD Form 20 does not list the Combat Infantryman Badge.
5. There are no orders in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) provides 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. The applicant contends that he should have been awarded the Combat Infantryman Badge. The available evidence shows during his period of service in Vietnam he performed the duties of a scout with the 9th Infantry Division and 5th Cavalry; however, the evidence of record does not confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat while assigned or attached to this infantry unit. His records also do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.
2. To be entitled to award of the Combat Infantryman Badge, the evidence must show that he held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and he must have served in active ground combat while assigned or attached to this infantry unit. The available evidence does not support award of the Combat Infantryman Badge.
3. The fact that a Soldier is serving in an infantry MOS and unit alone are 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.
4. 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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