IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100007799
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 did not receive the Combat Infantryman Badge or a similar combat citation for his service in Vietnam from 9 July 1971 to 10 March 1972
* he was stationed with the 126th Aviation
* he received the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960)
3. The applicant provides:
* a copy of his DD Form 214 (Report of Transfer or Discharge)
* a Supplemental Statement from the Department of Veterans Affairs (DVA)
* a newspaper article
* photographs of Soldiers, including himself
* a copy of a "Five Cents Military Payment Certificate"
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
10 February 1970. On 15 February 1970, he was honorably discharged for enlistment in the Regular Army. He enlisted in the Regular Army on 16 February 1970 for a period of 3 years. He was awarded military occupational specialty (MOS) 67C (aircraft repairman) and later MOS 63C (wheel and track mechanic). His DA Form 20 (Enlisted Qualification Record) shows his duty MOS was 67C while assigned to the "COMD ACFT CO" [Command Aircraft Company] in Vietnam from 1 August 1971 to 8 March 1972. On 12 March 1972, he was released from active duty (REFRAD) by reason of early separation to join a U.S. Army Reserve (USAR) unit to complete his remaining Reserve obligation.
3. The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award. His DD Form 214 shows his last duty assignment and major command was with the 126th Aviation in Vietnam.
4. There are no orders for the Combat Infantryman Badge in the available records.
5. Item 41 (Awards and Decorations) on the applicant's DA Form 20 does not show entitlement to the Combat Infantryman Badge.
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 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South
Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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:
The applicant's contentions were carefully considered. However, there are no orders for the Combat Infantryman Badge. The evidence of record shows the applicant served as an aircraft mechanic assigned to an aviation company during his assignment in Vietnam. There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on 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.
ABCMR Record of Proceedings (cont) AR20100007799
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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