IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009086
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 was attached to the 173rd Airborne Brigade and fought in combat, but was not officially awarded the Combat Infantryman Badge. He states he was on patrol when they were ambushed and two comrades were wounded.
3. The applicant provides copies of:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* orders, dated 22 July 1971, transferring him to U.S. Air Force Medical Center, Scott Air Force Base, IL
* a DD Form 1351 (Travel Voucher), dated 21 September 1971
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's military personnel records show he enlisted in the Regular Army on 30 October 1970 for a period of 3 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. The applicant was assigned to Company B, 4th Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade in the Republic of Vietnam from 28 May 1971 through 1 July 1971.
4. There are no orders in the applicant's military personnel record awarding him the Combat Infantryman Badge. Item 41 (Awards and Decorations) of his
DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
5. On 29 October 1973, the applicant was released from active duty. He had completed 3 years of active service that was characterized as honorable.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Combat Infantryman Badge.
6. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), in effect at the time, 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. The applicant contends he should have been awarded the Combat Infantryman Badge.
2. The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
3. The applicant held the MOS of 11C and he was assigned to an infantry company while in the Republic of Vietnam. However, there is no evidence of record and the applicant has not submitted any substantive evidence that shows he served in active ground combat. Therefore, there is insufficient evidence to award 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20100009086
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