IN THE CASE OF:
BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018559
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states he was combat infantry in Vietnam and is filing for benefits.
3. The applicant provides no additional documentary evidence in support of this 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 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 Army of the United States on 3 May 1971. He was awarded the military occupational specialty of light weapons infantryman. The highest grade he held was pay grade E-4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 7 October 1971 to 3 March 1972.
4. Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority.
5. The applicant was honorably released from active duty on 4 May 1973 and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 29 days of creditable active service.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 states in pertinent part that there are three basic requirements for the Combat Infantryman Badge. The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. It further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to support award of the Combat Infantryman Badge, in addition to evidence that a member served in an infantry MOS while assigned to an infantry unit, there must also be evidence that the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. There is no evidence in the available records and he did not provide sufficient evidence to corroborate that he personally engaged in active ground combat with enemy forces. Therefore, regrettably, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.
2. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090018559
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ABCMR Record of Proceedings (cont) AR20090018559
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