IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020119
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.
2. The applicant states he was assigned as a second lieutenant, Field Artillery, in the Republic of Vietnam in 1971 and 1972. He performed duties as a forward observer with A Battery, 2nd Battalion, 94th Field Artillery Regiment. Later he served as a platoon leader with the 17th Infantry Regiment and the 52nd Infantry Regiment.
3. The applicant provides, in support of his application, copies of his assignment and reassignment orders.
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. On 16 June 1971, the applicant was ordered to active duty as a United States Army Reserve Field Artillery officer. He completed the Field Artillery Officer Basic Course and was subsequently assigned to the Republic of Vietnam.
3. On 25 October 1971, the applicant was assigned for duty as a forward observer with A Battery, 2nd Battalion, 94th Field Artillery Regiment. On 4 March 1972, he was reassigned for duty as a platoon leader with D Company, 17th Infantry Regiment. On 29 March 1972, he was further assigned to D Company, 52nd Infantry Regiment. He returned to the United States on or about
17 August 1972, for duty at Fort Polk, Louisiana.
4. On 15 May 1973, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had attained the rank of first lieutenant and had completed 1 year, 11 months, and
26 days of creditable active duty service.
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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.
2. The evidence of record clearly shows that the applicant was a Field Artillery officer who was assigned to an infantry unit of brigade, regimental, or smaller size while in the Republic of Vietnam. However, as a Field Artillery officer, he did not qualify for award of the Combat Infantryman Badge. Therefore, his request for award of the Combat Infantryman Badge 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) AR20090020119
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ABCMR Record of Proceedings (cont) AR20090020119
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