IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090018965
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 that he be awarded the Combat Infantryman Badge.
2. The applicant states he served in Vietnam from May to October 1967, he served in an infantry military occupational specialty (MOS) and he was assigned to an infantry unit. He believes he is entitled to the Combat Infantryman Badge.
3. The applicant provides a copy of his record.
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 enlisted in the Regular Army on 12 April 1966. He completed infantryman training and basic airborne training and in October 1966 he entered training as a Special Forces combat engineer, but there is no evidence that he completed the training.
3. He served in Vietnam from 24 April 1967 through 23 April 1968. He was assigned to the various units and performed the following duties:
a. On 2 May 1967, he was assigned to Company A, 4th Battalion (Airborne), 503rd Infantry in MOS 11B and he performed the duties of a rifleman.
b. On 5 October 1967, he was assigned to Company F (Long Range Patrol),
51st Infantry in MOS 05B and he performed the duties of a radio operator.
c. On 2 December 1967, he was assigned to Headquarters Company, II Field Force in MOS 57A as a duty Soldier.
4. Upon the applicant's return to the U.S. he was assigned to Fort Hood, Texas.
5. The applicant returned to Vietnam on 14 November 1968. There he served as an automatic rifleman with Company A, 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division. He was awarded the Army Commendation Medal for meritorious service from 1 October to 30 December 1969.
6. The applicant returned to the U.S. on 28 March 1970 and he was released from active duty on 2 April 1970 and transferred to the United States Army Reserve.
7. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal, {Republic of] Vietnam Campaign Medal [with Device (1960)], and the Army Commendation Medal.
8. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the Vietnam Service Medal, National Defense Service Medal, Parachutist Badge, two overseas Service Bars, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
9. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states 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 states his MOS was infantry and he served with infantry units in Vietnam. He believes he is entitled to the Combat Infantryman Badge.
2. The available evidence does not show the applicant was awarded the Combat Infantryman Badge.
3. Although the applicant clearly held an infantry MOS while assigned to an infantry unit, unfortunately, the available evidence does not show he actually participated in active ground combat.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing findings and conclusions it would be appropriate to rectify this injustice by correcting the applicants records as recommended below.
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) AR20090018965
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ABCMR Record of Proceedings (cont) AR20090018965
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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