IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100000707 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he is entitled to the Combat Infantryman Badge for his service in Vietnam and just recently discovered that the badge is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 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 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.  The applicant's military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records for the period of service in question were lost or destroyed in that fire.  However, his DD Form 214 and DA Form 2-1 (Personnel Qualification Record) offer sufficient documentation to constitute a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 28 May 1968.  He was honorably released from active duty on 31 December 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 7 months, and 4 days of net active service.

	a.  Item 12 (Last Duty Assignment and Major Command) shows he was assigned to Headquarters and Headquarters Company, 3rd Brigade, 101st Airborne Division, U.S. Army Vietnam.

	b.  Item 22c (Foreign and/or Sea Service) shows he served in the U.S. Army Pacific for 1 year and 16 days.

	c.  Item 23a (Specialty Number and Title) shows his military occupational specialty as 11B2O (Light Weapons Infantryman).

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16),
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Bronze Star Medal, Air Medal, Republic of Vietnam Campaign Medal, and two overseas service bars.

4.  The applicant's DA Form 2-1, item 9 (Awards, Decorations, and Campaigns), does not show the Combat Infantryman Badge.  Item 33 (Date) shows the DA Form 2-1 was prepared on 11 March 1977 and the applicant reviewed this record on 28 July 1984 and on 1 February 1986.

5.  The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served as an infantryman in Vietnam and he is entitled to the badge.

2.  The applicant's contention was carefully considered.  Records show the applicant was awarded military occupational specialty 11B and he was assigned to Headquarters and Headquarters Company, 3rd Brigade, 101st Airborne Division, U.S. Army Vietnam.  However, this evidence is insufficient as a basis for award of the Combat Infantryman Badge.
 
3.  The evidence of record fails to show the applicant satisfactorily performed infantry duties during such time as his unit was engaged in active ground combat and that he actively participated in such ground combat.  In addition, there are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.  Moreover, the applicant reviewed his military personnel records on at least three occasions subsequent to his service in Vietnam.  On all three occasions he verified that his awards and decorations did not include the Combat Infantryman Badge.  Therefore, in view of the foregoing, the available evidence is insufficient to support the applicant's claim to the Combat Infantryman Badge.

4.  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 this requirement.

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 Board wants the applicant and all others concerned to 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.



      _____________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)                                         AR20100000707



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         A