IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007803 


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 believes he should be awarded the Combat Infantryman Badge because he is a wounded combat veteran who served two combat tours in the Republic of Vietnam.  For his service in Vietnam, he states he received the Bronze Star Medal with Valor, the Purple Heart, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, and the Meritorious Unit Commendation.  He further states he was told he could not receive the Combat Infantryman Badge because he was a combat engineer and he did not have an infantry military occupational specially (MOS).    

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 18 August 1970 in support of his application.  

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 enlisted in the Regular Army on 28 December 1966 for a 3-year period.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 62A (Engineer Equipment Maintainer).  He was honorably discharged on 28 August 1967 for the purpose of immediately reenlisting.  He reenlisted on 29 August 1967 for an additional 3-year period.  The highest rank he attained was sergeant/pay grade E-5.

3.  In pertinent part, Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 62A in April 1967.  On 1 February 1968, he was awarded primary MOS 62M (Engineer Equipment Repairman) with his secondary MOS 62E (Construction Machine Operator).  There are no records to show the applicant was awarded MOS 11B or any other infantry MOS.

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from on or about 10 November 1967 to 9 November 1968 and then from 4 September 1969 to 15 August 1970.  During his first overseas tour in Vietnam, he was assigned to Company A, 35th Engineer Battalion (Combat) in duty MOS 63A serving as a wheeled vehicle mechanic.  During his second overseas tour in Vietnam, he was assigned to Headquarters and Headquarters Company, 14th Engineer Battalion (Combat) in duty MOS 62M serving as a senior loader operator. 

5.  The applicant was honorably released from active duty on 18 August 1970.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation.  He received a DD Form 214 upon his separation showing he served a total of 3 years, 7 months, and 21 days of active Federal service with 2 years, 3 months, and 11 days of foreign service in the U.S. Army Pacific Command geographic region. 

6.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 with a separation date of 28 August 1967 shows his MOS as 62A (Engineer Equipment Maintainer).  His second DD Form 214 was issued on 18 August 1970 and shows his MOS as 62E (Construction Machine Operator).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Forms 214 shows the applicant was awarded the:

* National Defense Service Medal
* Army Good Conduct Medal
* Army Commendation Medal
* Meritorious Unit Commendation
* Vietnam Service Medal
* Bronze Star Medal with "V" Device
* Purple Heart
* four Overseas Service Bars 
* Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  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 personnel 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was initially told because he did not have an infantry MOS, he could not be awarded the Combat Infantryman Badge.  He believes he should be awarded the Combat Infantryman Badge because he is a combat wounded veteran who served two tours in the Republic of Vietnam, receiving a valorous Bronze Star Medal.  

2.  The applicant should be justifiably proud of his valorous service to our Nation during the Vietnam War.  Concerning award of the Combat Infantryman Badge, the evidence of record shows the applicant held MOS 62E and 62A.  As he did not hold an infantry MOS, there is no justification to award the applicant the Combat Infantryman Badge for he did not meet the criteria for that award. 

3.  When the applicant entered the Army, he was trained in basic infantry skills that included basic and often advanced weapons training, physical fitness, infantry tactics, and survivability on the battlefield to include first aid, field sanitation, and communications.  This training alone does not meet the criteria for award of the Combat Infantryman Badge. 



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)                                         AR20100007803





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)