IN THE CASE OF:	

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090018773 


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 or a combat commendation medal. 

2.  The applicant states he was in combat and he has nothing to show he was there.  He says he was told that if he was in combat he should receive the Combat Infantryman Badge or a combat commendation medal 

3.  The applicant does not provide any 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 was inducted into the Army of the United States on 5 March 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artillery Crewman).  The highest rank he attained was corporal/pay grade E-4.

3.  In pertinent part, Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 13A on 5 July 1968.  There are no records to show the applicant was awarded MOS 11B or any other infantry MOS.

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from on or about 19 March 1969 to 22 February 1970.  He was assigned to Battery A, 2nd Battalion, 17th Artillery in duty MOS 13A serving as a field artillery crewman. 

5.  The applicant was honorably released from active duty on 23 February 1970.  He was transferred to the U.S. Army Reserve to complete his military service obligation.  He received a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) upon his discharge showing he served a total of 1 year, 11 months, and 19 days of active Federal service with 11 months and 4 days of foreign service in the U.S. Army Pacific geographic region. 

6.  In pertinent part, Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows his MOS as 13A (Field Artillery Crewman).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the applicant was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* two Overseas Service Bars 

8.  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 personnel 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 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.
9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions for individual and unit military awards with the goal of the Army awards program to foster mission accomplishment by recognizing excellence of military members of the Armed Forces by motivating them to higher levels of performance and service.  The objective is to provide tangible recognition for acts of valor, exceptional service or achievement, special skills or qualification, and acts of heroism.  Within this regulation, a combat commendation medal is not listed as an approved award.  However, service or campaign medals and service ribbons denote honorable performance of military duty within specified limited dates in specified geographic areas.  Orders are not published for service medals, but the personnel officer annotates them on records. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he does not have medals or awards to show his service in combat operations and requests award of the Combat Infantry Badge or a combat commendation medal.  The applicant's DD Form 214 does show he received service and campaign medals for his combat service in the Republic of Vietnam.  The specific service medals he received are the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal with 1960 Device.  

2.  Concerning award of the Combat Infantryman Badge, the evidence of record shows the applicant held MOS 13A.  As he did not hold an infantry MOS, there is no justification to award the applicant the Combat Infantryman Badge for he did not meet the first criteria for that award. 

3.  When the applicant entered the Army, he was trained in basic infantry skills that included basic and often advanced weapons training, physical fitness, infantry tactics, and survivability on the battlefield to include first aid, field sanitation, and communications.  This training alone does not meet the criteria for award of the Combat Infantryman Badge. 

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)                                         AR20090018773



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ABCMR Record of Proceedings (cont)                                         AR20090018773



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