BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009565
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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states he was a door gunner and in order to carry this title you had to have the Combat Infantryman Badge which he did not receive.
3. The applicant provides a copy of his DD Form 214 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 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 1966. He was awarded military occupational specialty (MOS) 44C (welder). His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 44C while assigned to Troop D, 1st Squadron, 4th Cavalry of the 1st Infantry Division in Vietnam from 1 November 1966 to 10 February 1967. His DA Form 20 shows his duty MOS was 11B (light weapons infantryman) and his principal duty was door gunner while he was assigned to Troop D, 1st Squadron, 4th Cavalry of the 1st Infantry Division in Vietnam from 11 February 1967 to
22 October 1967. On 25 October 1967, he was released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, and two awards of the Overseas Service Bar as authorized awards.
4. There are no orders for the Combat Infantryman Badge in the available records.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Infantryman Badge.
6. A DD Form 215 (Correction to DD Form 214), dated 12 September 2005, amended the applicant's DD Form 214 by adding the Army Commendation Medal and the Army Aviation Badge.
7. 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.
8. 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:
1. The applicant contends he was a door gunner and in order to have this title you had to have the Combat Infantryman Badge. However, evidence of record shows he was awarded the Air Medal and Army Aviation Badge for performing his door gunner duties in Vietnam.
2. There are no orders for the Combat Infantryman Badge. There is no evidence of record which shows he was awarded an infantry MOS. There is also 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) AR20100009565
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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