IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100008100 


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.  He states orders were never cut for the Combat Infantryman Badge.  He was processed out of one unit to the next and never followed through for this award.  He served time in the field in military occupational specialty (MOS) 11B.

3.  He provides copies of his orders for the Air Medal with “V” Device (Third Oak Leaf Cluster); a letter from his former first sergeant, dated 6 February 1970; a certificate from his former company executive officer, dated 6 February 1970; and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 June 1970.

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 records show he enlisted in the Regular Army in pay grade
E-1 on 9 August 1967 for 3 years.  He completed basic combat and advanced individual training and he was awarded MOS 76Y (Armorer/Unit Supply Specialist).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B (Light Weapons Infantryman) from 22 April through 22 October 1968 with Company C, 504th Infantry, Fort Bragg, NC.

4.  He served in Vietnam from 27 November 1968 to 25 November 1969.  Evidence of record shows he served MOS 76Y during his entire service in Vietnam.  His unit assignments in Vietnam are as follows:

* Company C, 173rd Support Battalion from 1 December 1968 to 24 April 1969
* Headquarters and Headquarters Company, 173rd Airborne Brigade from 25 April 1969 to 23 September 1969
* Company B, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade, from 24 September 1969 to 25 November 1969

5.  Headquarters, 173rd Airborne Brigade, General Orders Number 1892, dated 28 July 1969, awarded the applicant the Air Medal with “V” Device (Third Oak Leaf Cluster) for heroism while participating in aerial flight in the Republic of Vietnam on 1 June 1969.

6.  He provided a copy of a letter, dated 6 February 1970, wherein his former first sergeant advised him that due to administrative neglect his Combat Infantryman Badge orders were never cut by the 173rd.  The letter also advised that since he was no longer assigned to the 173rd Airborne Brigade, it was impossible to submit him for the Combat Infantryman Badge.

7.  He also provided a copy of a certificate, dated 6 February 1970, from his former executive officer of Company B, 2nd Battalion (Airborne), 503rd Infantry.  The officer stated the applicant was assigned to that company on 3 September 1969.  From 22 November 1969, he served with that unit in his secondary MOS of 11B.  As a former member of that command, the applicant maintained a duty MOS of 11B and he was a mainstay in the field operations of Company B.  The applicant was eligible for award of the Combat Infantryman Badge; however, due to administrative neglect and oversight, he was not submitted for said award.

8.  He was honorably released from active duty in pay grade E-4 on 1 June 1970, to attend school.  He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge.

10.  There is no evidence in his records that shows he participated in ground combat during his period of service in Vietnam.  There is no entry in Item 41 (Awards and Decorations) of his DA Form 20 showing he was awarded the Combat Infantryman Badge.

11.  Army Regulation 600-8-22 (Military Awards) specifies 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 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.

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is 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 and to enlisted and warrant officer persons who have an infantry MOS 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:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he completed training and he was awarded MOS 76Y.  While there is evidence to show he temporarily served in MOS 11B, there is no evidence he served in this MOS during his period of service in Vietnam. It is also noted he served in an infantry unit during his period of service in Vietnam; however, there is no evidence of record and the applicant did not provide sufficient evidence that confirms he participated in active ground combat while assigned to his infantry unit, which is a prerequisite for award of the Combat Infantryman Badge.

3.  All Soldiers were provided basic combat skills training after they entered the Army.  This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose.  Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were trained to do; however, it is not a basis for award of the Combat Infantryman Badge.  Based on the available evidence, he is not entitled to 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)                                         AR20100008100



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)