IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100000885
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 that he should have been awarded the Combat Infantryman Badge.
3. The applicant provides a memorandum from the Department of Veterans Affairs (DVA), dated 30 November 2009.
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 was inducted into the Army of the United States on 3 July 1968 and he successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam on 11 January 1969 and he was assigned to
Company B, 1st Battalion, 12th Infantry, 4th Infantry Division on 26 January 1969 where he performed duties as a rifleman.
4. The applicant departed Vietnam on 4 September 1969. On 1 June 1970, he was honorably released from active duty after completing 1 year, 11 months, and 8 days of creditable active service.
5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 June 1970 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge (Rifle)
6. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
7. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
8. The applicant provides a memorandum from the DVA, dated 30 November 2009, that shows he filed an appeal for service connected Post-Traumatic Stress Disorder (PTSD). This document indicates that more information was needed to support his claim that his base camp was attacked in the Republic of Vietnam and that since he was an infantryman he should have been awarded the Combat Infantryman Badge.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain. The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded an infantry MOS and he served in an infantryman position with B Company, 1st Battalion, 12th Infantry,
4th Infantry Division from January 1969 through September 1969. However, there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge
2. There is no evidence he participated in active ground combat during the time he served with the above unit. Therefore, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.
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) AR20100000885
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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