IN THE CASE OF:	  

		BOARD DATE:	    27 May 2010

		DOCKET NUMBER:  AR20090019452 


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.  He also requests copies of orders for his Vietnam Service Medal, Republic of Vietnam Campaign Medal, and his overseas service bars.

2.  The applicant states that he needs the orders and an amended DD Form 214 showing his Combat Infantryman Badge.

3.  The applicant provides, in support of his application, copies of his DD Form 214 and his certificate for the Combat Infantryman Badge.

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.  Orders were not required or published for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  Additionally, orders were not necessary for the issuance of uniform items, such as overseas service bars.  Accordingly, these issues will not be further discussed in these proceedings.

3.  On 2 July 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training, to include basic airborne training, and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in the Republic of Vietnam on 12 April 1969.  On 
14 May 1969, the applicant was assigned as a scout observer with Company K, 75th Infantry Regiment, 4th Infantry Division.  On 30 November 1969, he was reassigned within the company as an assistant team leader.  He remained in this position until his return to the United States on 15 April 1970.

5.  On 15 April 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and he had completed 1 year, 
9 months, and 14 days of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge (M-16 Rifle), Marksman Marksmanship Qualification Badge (M-14 Rifle), Parachutist Badge, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the same awards as listed on his DD Form 214, less the Vietnam Service Medal.

8.  The applicant has provided a certificate showing that he was awarded the Combat Infantryman Badge for his participation in armed ground conflict while a member of "the Famous Fighting Fourth Infantry Division" in the Central Highlands of the Republic of Vietnam.  The certificate is dated 11 April 1970.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal orders awarding the applicant the Combat Infantryman Badge.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

10.  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 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.

11.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that 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:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  The evidence clearly shows the applicant was awarded an infantry military occupational specialty and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his DD Form 214.  Should he have, or be able to obtain, a copy of the orders awarding him the Combat Infantryman Badge, or be able to provide other evidence to corroborate the certificate, he may submit another application for consideration.







3.  In view of the above, the applicant's request should be denied.

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)                                         AR20090019452



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ABCMR Record of Proceedings (cont)                                         AR20090019452



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