IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100008124
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 based on his light weapons infantryman (11B) military occupational specialty (MOS) and his service in Vietnam.
2. The applicant states he believes he should have been awarded the Combat Infantryman Badge and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is in error based on his MOS and his combat service in Vietnam.
3. The applicant provides no additional documentation.
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 13 January 1969. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 15 June 1969 and he was assigned to Company B, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division as a rifleman. He was assigned to Company D, 51st Infantry on 24 July 1969.
4. On 17 August 1970, the applicant returned to the Continental United States and he was honorably released from active duty as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* National Defense Service medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
6. A review of the applicant's records does not contain any evidence that he engaged in active ground combat while he was in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) provides that 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) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Combat Infantryman Badge.
2. While his records show he held a light weapons infantryman MOS and that he served in an infantry unit in Vietnam as a rifleman, his records do not show and he did not provide any evidence to show he engaged in active ground combat while he was in Vietnam. Therefore, he does not meet the criteria for award of the Combat Infantryman Badge.
3. In view of the foregoing there is no basis for granting the requested relief.
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) AR20100008124
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100008ARMY | BCMR | CY2011 | 20110010302
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