IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090018046
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 he spent 14 months in combat while serving in Vietnam. He was a Green Beret officer assigned to a special forces unit working in the rural areas with the Montagnards.
3. The applicant provides:
* U.S. Army Winter Operations in Northern Area Course certificate, dated 19 December 1969
* U.S. Army Special Forces Officer Course certificate, dated 27 March 1970
* U.S. Army Jungle Operations Training Course certificate, dated 14 August 1970
* Headquarters, U.S. Army Vietnam, General Orders Number 2078, dated 15 June 1971
* Headquarters, U.S. Army Vietnam, letter, dated 25 June 1971
* Department of Veterans Affairs Compensation and Pension Examination Report, dated 28 March 2007
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 had prior enlisted active duty service. He was commissioned as an officer of the U.S. Army Reserve and entered active duty on 3 September 1969. He successfully completed the Special Forces Officer course on 27 March 1970 and was awarded military occupational specialty (MOS) 31542 (Special Forces Officer).
3. The applicant arrived in Vietnam and was assigned to the Special Operations Augmentation, Command and Control - South, 5th Special Forces Group (Airborne), 1st Special Forces, on 2 August 1970 in MOS 31542 where he performed duties as open mess security officer, platoon leader, and club officer. He was reassigned to the U.S. Army Vietnam Training Advisory Group (TAG) Task Force 3 Advisory Element where he performed the duty of finance and accounting officer.
4. On 25 June 1971, the applicant departed Vietnam. He was released from active duty on 29 June 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 June 1971 does not show award of the Combat Infantryman Badge.
5. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show award of the Combat Infantryman Badge.
6. 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. A Soldier must be an Army infantry or special forces officer (specialty skill identifier 11 or 18) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel in MOS 18B, 18E, 18F, and 18Z accrues from 20 December 1989. Retroactive awards of the Combat Infantryman Badge to special forces personnel are not authorized prior to 20 December 1989.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant was awarded a special forces MOS and spent the majority of his service in Vietnam with the Special Operations Augmentation, Command and Control - South, 5th Special Forces Group (Airborne), 1st Special Forces, from June 1970 to March 1971 in various positions. However, Army Regulation 600-8-22 specifically states retroactive awards of the Combat Infantryman Badge to special forces personnel are not authorized prior to 20 December 1989. Unfortunately he is not eligible for the Combat Infantryman Badge.
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.
ABCMR Record of Proceedings (cont) AR20090018046
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ABCMR Record of Proceedings (cont) AR20090018046
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