IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019000
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 for his service in the Republic of Vietnam.
2. The applicant states, in effect, that he served with C Company, 1st Battalion, 26th Infantry, 1st Infantry Division in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) in Vietnam from August 1966 through December 1966. There were times he was used as point man while on patrol. The applicant contends, although he only served 4 months in Vietnam, most awards of the Combat Infantryman Bade were not annotated on Soldiers records until after they completed 12 months in Vietnam. The applicant believes in his situation he met the requirements for award of the Combat Infantryman Badge.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 December 1966.
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 had prior service in the U.S. Army Reserve. He enlisted in the Regular Army on 1 February 1966 and successfully completed basic training and advanced individual training. He was awarded MOS 11C.
3. The applicant arrived in Vietnam and was assigned to the 820th Ordinance Company on 7 August 1966 where he performed duties as an ammunition bearer. On 23 October 1966, he was reassigned to C Company, 1st Battalion, 26th Infantry, 1st Infantry Division where he performed duties as an ammunition bearer.
4. On 10 December 1966, the applicant's command barred him from reenlistment. The commander indicated the applicant was a substandard Soldier who had an inability to learn and lack of general adaptability. The commander stated that the applicant had been a constant burden and a danger to his platoon since his arrival in the unit.
5. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received an "Unsatisfactory" conduct and
efficiency rating for the period 24 November 1966 through 24 December 1966. Item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge.
6. The applicant departed Vietnam on 24 December 1966. On 26 December 1966, he was issued a general discharge certificate for unsuitability after completing 10 months and 20 days of creditable active service with 6 days lost time.
7. The applicant's DD Form 214 for the period ending 26 December 1966 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge (Rifle).
8. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position. However, evidence shows that he received a disqualifying rating (i.e., he did not satisfactorily perform infantry duties) while assigned to the C Company, 1st Battalion, 26th Infantry, 1st Infantry Division during the period 24 November 1966 through 24 December 1966. This made him ineligible for the Combat Infantryman Badge at that time.
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) AR20090019000
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ABCMR Record of Proceedings (cont) AR20090019000
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