BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090019445
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, in effect, award of the Combat Infantryman Badge.
2. The applicant states:
* he was in numerous combat situations in Vietnam
* he was attached to Mortuary Division Saigon, Combat Support Unit ,1st Logistics, 223rd Supply and Service Company
* his assigned duty was a watch tower guard
* he was sent out on patrol daily to enforce curfew and he experienced sniper fire almost every time while on this patrol
* he had to deal with body bags of the American dead and their belongings
* he had to make the mail run to Saigon bi-weekly and always encountered sniper fire battles
* he constantly experienced rocket attacks and small arms fire
* he was involved in perimeter fights on a daily basis
* to this day he has flashbacks of incidents
* he always has a night light on
* he still experiences sudden moves (as if on guard) and watches his back for threats
* he was denied a claim for Post Traumatic Stress Disorder in 2005 and misclassified because he had no proof of combat
3. The applicant provides no documentary 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 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 was inducted into the Army of the United States on
15 November 1967. He was awarded military occupational specialty (MOS) 70A (clerk). He served in MOS 70A while assigned to the 483rd Field Service Company and the 223rd Supply and Service Company in Vietnam. On
21 November 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.
3. The applicants DD Form 214 (Report of Transfer or Discharge) does not show the Combat Infantryman Badge as an authorized award.
4. There are no orders for the Combat Infantryman Badge in the available documents.
5. 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. Additionally Appendix V of USARV 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.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, there are no orders for the Combat Infantryman Badge. The evidence of record shows the applicant served as a clerk assigned to the 483rd Field Service Company and the 223rd Supply and Support Company during his assignment in Vietnam. There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
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.
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