BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090017727 


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 show award of the Combat Infantryman Badge.

2.  The applicant states he held military occupational specialty (MOS) 05B2O (Radio Operator) while assigned to Headquarters and Headquarters Company, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade in Vietnam.  He adds that his platoon captured several landing zones and he saw his share of fighting.  He does not understand why he was not awarded the Combat Infantryman Badge.

3.  The applicant provides no additional documentary evidence in support of his application.

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 enlisted and entered active duty in the Regular Army for a period of 3 years on 25 October 1966.

3.  Headquarters, U.S. Army Training Center (Air Defense), Fort Bliss, Texas, Special Orders Number 67, dated 8 March 1967, awarded the applicant MOS 16E1O (Hawk Missile Forward Control Crewman) as his primary MOS effective 17 March 1967.

4.  Headquarters, 6th Battalion, 517th Artillery [U.S. Army Europe], Special Orders Number 210, dated 18 December 1967, withdrew primary MOS 16E1O and awarded the applicant MOS 05B2O as his primary MOS and MOS 16E2O as his secondary MOS.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 22 (Military Occupational Specialties) MOS 05B2O (IS [Interswitch] Radio Operator) as his primary MOS and MOS 16E2O as his secondary MOS;

   b.  item 31 (Foreign Service) that he served in Germany from 30 July 1967 through 15 February 1969 and in Vietnam from 29 March  through 24 July 1969; and

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

       (1)  as a student in the Americal Combat Center, 23rd Administration Company, Replacement Detachment, from 1 through 11 April 1969; and in

       (2)  duty MOS 05B2O (Radio Operator) while assigned to Headquarters and Headquarters Company, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade, from 12 April through 21 July 1969.

	d.  Item 41 (Awards and Decorations) does not show the Combat Infantryman Badge.

6.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was honorably released from active duty on
24 July 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 2 years and 9 months of net active service.

	a.  Item 23a (Specialty Number and Title) shows MOS 05B2O, IS Radio Operator.
	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, two Overseas Service Bars, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

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

8.  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.

9.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge and listed positions which qualified for award of the badge.  This regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he was assigned to an infantry unit in Vietnam and saw his share of fighting.  

2.  The applicant was trained in and awarded MOS 16E1O as his primary MOS.  
He was later reclassified and awarded MOS 05B2O as his primary MOS.

3.  During the applicant's period of service in Vietnam he performed duties in MOS 05B while assigned to Headquarters and Headquarters Company, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade.

   a.  There is no evidence the applicant was awarded an infantry MOS or that he served as an infantryman in Vietnam.  In addition, there is no evidence
(e.g., an individual decoration) to show the applicant accompanied an infantry unit as a radio operator on tactical operations during the 3-month period under review.  Thus, the evidence of record fails to show the applicant met the strict regulatory criteria established for award of the Combat Infantryman Badge.

   b.  There is no evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge.

   c.  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)                                         AR20090017727



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ABCMR Record of Proceedings (cont)                                         AR20090017727



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