BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100011365 


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 is entitled to award of the Combat Infantryman Badge based on his combat service in Vietnam and the decorations shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his Department of Veterans Affairs (VA) rating decision and a copy of his DD Form 214

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Combat Infantryman Badge. 

2.  Counsel states their office should be kept informed of all actions taken.

3.  Counsel did not provide any additional documentary evidence.

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 was inducted into the Army of the United States on 17 June 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36C (Lineman) 

3.  His records further show he served in the Republic of Vietnam from on or about 9 January 1967 to on or about 8 January 1968.  He was assigned to Headquarters and Headquarters Battery (HHB), Division Artillery (DIVARTY), 4th Infantry Division. 

4.  He was honorably released from active duty on 14 June 1968 and he was transferred to the U.S. Army Reserve Control Group to complete his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with one bronze service star, Purple Heart, and Good Conduct Medal.

6.  Headquarters, 4th Infantry Division, General Orders Number 1622, dated 27 June 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 2 June 1967 while assigned to HHB, DIVARTY, 4th Infantry Division.

7.  There is no indication in the applicant's records that he held an infantry MOS and/or was assigned to an infantry unit of brigade, regimental or smaller size during his military service.

8.  He submitted a copy of his VA rating decision, dated 25 June 2008, that shows he was awarded service-connected disability compensation for certain medical conditions. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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) 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.

10.  U.S. Army Vietnam Regulation Number 672-1 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 be awarded the Combat Infantryman Badge. 

2.  The evidence of record shows he held a communications MOS and was assigned to an artillery unit during his service in Vietnam.  There is no evidence in the available records and he did not submit evidence that shows he held an infantry MOS, that he was assigned or attached to an infantry unit of brigade, regimental or smaller size, or that he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy. 

3.  Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon 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)                                         AR20100011365



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ABCMR Record of Proceedings (cont)                                         AR20100011365



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