BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100009754 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. 

2.  The applicant states he was awarded the Combat Infantryman Badge after his service in the Dominican Republic.  All members of the reconnaissance platoon, including the platoon leader and sergeant, were awarded the Combat Infantryman Badge.  Additionally, all members of the squad, including the squad leader, jeep commander, and recoilless rifle gunner, were also awarded the Combat Infantryman Badge.  He was the gun-jeep driver and gun loader.  He received a letter showing award of the Combat Infantryman Badge and the badge itself but it is not entered on his DD Form 214.  Additionally, he was awarded the Combat Medical Badge which did not appear on his DD Form 214 until he made a request and it was ultimately added. 

3.  The applicant provides the following documents:

* DD Form 214, dated 22 November 1966
* DD Form 215 (Correction to DD Form 214), dated 17 November 2004
* A newspaper article, dated 16 December 1965





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 for a period of 3 years on 27 November 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 111.00 (later known as MOS 11B (Light Weapons Infantryman)).  He followed that with completion of Basic Airborne Training.  

3.  Subsequent to completion of airborne training he was reassigned to Fort Bragg, NC, on 16 May 1964.  He was assigned as follows:

* From 16 May to 15 July 1964, he served in MOS 111.07 as a rifleman with Company B, 2nd Battalion, 325th Infantry
* From 15 July to 6 December 1964, he served in MOS 64C (Light Vehicle Driver) with Headquarters and Headquarters Company, 2nd Battalion, 325th Infantry

4.  During his assignment to Fort Bragg, he deployed with his unit to the Dominican Republic from on or about 1 May to 20 October 1965.

5.  His records also show he served in the Republic of Vietnam from on or about 28 December 1965 to 19 November 1966.  He was assigned to the Administrative Section, 101st Administration Company, Support Battalion, 1st Brigade, 101st Airborne Division in MOS 64A (Light Wheel Vehicle Driver). 

6.  He was honorably released from active duty on 22 November 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. 


7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form shows the Good Conduct Medal, Parachutist Badge, Armed Forces Expeditionary Medal (Dominican Republic), Vietnam Service Medal, Vietnam Campaign Medal, and National Defense Service Medal. 

8.  Headquarters, 82nd Airborne Division, Fort Bragg, Special Orders Number 157, dated 9 July 1965, awarded him the Combat Medical Badge.

9.  On 17 November 2004, he was issued a DD Form 215 that added the Combat Medical Badge to his DD Form 214. 

10.  His records do not contain orders awarding him the Combat Infantryman Badge. 

11.  He submitted a newspaper article wherein the author stated the applicant was on leave after having spent 6 months of service in Santo Domingo with the 82nd Airborne Division.  The author also states the applicant was awarded the Combat Medical Badge and the Combat Infantryman Badge while in Santo Domingo and that he was the only member of the division so honored.  

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  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.  The regulation states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of four conflicts:  (1) World War II, (2) Korean Conflict, (3) Vietnam Conflict which includes, in addition to service in Vietnam from 2 March 1961 to 28 March 1973, service in the Dominican Republic from 28 April 1965 to 1 September 1966, Grenada, Panama, and the first Gulf War; and (4) the War on Terrorism.  

	b.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.


DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit during the period that he served in the Dominican Republic.  However, his record contains conflicting information:

	a.  There is no evidence he held a medical MOS or he was assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Nevertheless, for unknown reasons, he was awarded the Combat Medical Badge. 

	b.  The available records do not contain official orders awarding him the Combat Infantryman Badge and there is no evidence he was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence to add the Combat Infantryman Badge to his DD Form 214. 

	c.  It is possible he was issued the Combat Medical Badge in error.  The Combat Medical Badge was created as a "companion" badge to the Combat Infantryman Badge with criteria for its award intended to parallel that of the Combat Infantryman Badge.  It was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares with the experiences unique to the infantry in combat.  A Soldier may be awarded both the Combat Infantryman Badge and the Combat Medical Badge for the same period or during the same conflict, but not for the same act. 

	d.  It is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.  This means the Combat Medical Badge will not be revoked.  Therefore, he does not qualify 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)                                         AR20100009754



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)