IN THE CASE OF:	 

		BOARD DATE:	       14 APRIL 2009

		DOCKET NUMBER:  AR20090001040 


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, in effect, that he was told he was verbally awarded the Combat Infantryman Badge following a firefight in January 1971 while in Vietnam.  He states that at the time of the firefight he held military specialty 17A and was assigned to the “964th ARVN [Army Vietnam] Unit” which was under MAC-V (Military Advisory Command – Vietnam).  He indicates that he was one of four U.S. advisors to the unit.  The applicant recounted his experiences during the firefight in a private conversation between him, his son-in-law (an Army major) and a civilian woman on 6 October 2008.  Information regarding the conversation was captured in a statement signed by the participants.

3.  The applicant indicated during the October 2008 conversation that he had been told by his then unit commander that his specialty would be changed to 11D and he would be awarded the Combat Infantryman Badge.  The applicant indicated that he always believed he had been awarded the Combat Infantryman Badge but when he received his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) it not only did not reflect award of the Combat Infantryman Badge but showed training in specialty 11V.

4.  The applicant provides the signed statement recounting his January 1971 fire fight experience and a statement from his cousin.



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.  Records available to the Board indicate the applicant enlisted in the Regular Army and entered active duty on 10 September 1969.  While assigned to Fort Sill, Oklahoma the applicant was awarded a field artillery specialty of 17A (Combat Surveillance and Target Acquisition Crewman).  In May 1970 the applicant assumed duties as a field wireman (36K) at Fort Sill, although there is no indication he was ever awarded that specialty.

3.  The applicant’s DD Form 214 indicates he arrived in Vietnam in September 1970, although information in his military personnel file indicates he arrived in November 1970.  Nonetheless, upon arrival in Vietnam the applicant was initially assigned to the 29th Artillery where item 38 (Record of Assignments) on his DA Form 20 (Enlisted Qualification Record) indicates he was assigned duty as a field switchboard operator in military occupational specialty (MOS) 36K.

4.  In April 1971 the applicant was awarded MOS 17E20 (Field Illumination Crewman) upon promotion to pay grade E-4.  He was also reassigned from the 29th Artillery to the 69th Infantry Detachment in April 1971. 

5.  By June 1971 the applicant had been further assigned to D Troop, 7th Squadron, 1st Air Cavalry where he performed duties in MOS 11B (Infantryman).  Orders issued on 18 August 1971 awarded the applicant a secondary MOS of 11B effective 26 July 1971 as a result of on-the-job training.

6.  In September 1971 the applicant returned to the United States and on 
15 September 1971 was released from active duty.  Item 23a (specialty number and title) on his DD Form 214 reflects "17E2O."  Item 25 (education and training completed) reflects “light weapons infantry 11V2O.”  It should be noted that “11V” is not an acknowledged Army MOS.
7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

8.  The November 2008 statement authored by the applicant’s cousin and submitted by the applicant in support of his application indicates the applicant comes from a long line of Army heroes and that he is deserving of the Combat Infantryman Badge.

9.  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.  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.

10.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  Individuals assigned to such a position, however, were still required to meet MOS qualification requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he qualified for the Combat Infantryman Badge as a result of a firefight in January 1971.  Unfortunately, even if there were evidence confirming participation in ground combat, the applicant did not hold an infantry MOS and the evidence of record indicates he was assigned to an artillery unit at the time.  As such, he would not have been eligible for award of the Combat Infantryman Badge.

2.  While the evidence does indicate the applicant held a secondary MOS of 11B and performed duties in that specialty just prior to his departure from Vietnam, there is no evidence that he participated in ground combat during that period and as such there is no basis to award him the Combat Infantryman Badge during that period either.


3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________XXX______________
               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)                                         AR20090001040



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ABCMR Record of Proceedings (cont)                                         AR20090001040



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