BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020951
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.
2. The applicant states he served in military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence) as a Radio Telephone Operator with an infantry unit and he should have been awarded the Combat Infantryman Badge.
3. The applicant did not provide any additional documentary evidence in support of his request.
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's records show he enlisted in the Regular Army for a period of 2 years on 7 May 1968. He completed basic combat and advanced individual training and was awarded MOS 13E.
3. His records show that he served in the Republic of Vietnam from on or about 22 November 1968 to on or about 8 December 1969. He was assigned to Battery B, 1st Battalion, 14th Artillery.
4. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 9 December 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and 2 overseas service bars.
6. 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 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 Regulation 672-1 (Decorations and Awards) 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.
7. U.S. Army Vietnam Regulation Number 672-1 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Combat Infantryman Badge.
2. The applicant's service in the Republic of Vietnam is not in question. However, he held a field artillery MOS and was assigned to a field artillery unit. There is no evidence in his records that he held an infantry MOS and/or was assigned to an infantry unit that was actively engaged in ground combat with the enemy.
3. Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned or attached to an infantry unit, there is insufficient evidence upon 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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