BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011588 


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.  He states the Combat Infantryman Badge was possibly left off of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states he was an infantryman for 365 days in a war zone and he met the requirements for a Combat Infantryman Badge.  He has been told by many that veterans should have received a Combat Infantryman Badge.  The unit he was assigned to in Vietnam (765th Security Platoon) was a very small unit and not known or listed as an infantry unit.  Their platoon, made up of all infantrymen, provided security to the Vung Tau Airbase and Vung Tau peninsula area.  Their duties covered all aspects of an infantryman; search and destroy, night reconnaissance and patrol, out-post duty, secure landings, and mortar bunker duty.  Most of their combat with the Vietcong was one-sided.  If he earned the Combat Infantryman Badge, he would like it shown on his DD Form 214.  If not, then he has lost again and he’ll deal with it.

3.  He provides copies of the following:

* A self-authored statement, dated 11 March 2010
* His DD Form 214
* Page 92 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* A picture of his commander’s jeep showing crossed infantry rifles
* A picture of himself ready for patrol

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 military records show he was inducted into the Army of the United States on 13 April 1966.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Vietnam from 27 October 1966 to 5 October 1967.  He was assigned to the 765th Security Platoon and he served in the principal duty of rifleman (security guard). 

3.  He was honorably released from active duty in pay grade E-4 on 19 January 1968, by reason of to enter college.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 9 months, and 4 days of total active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list 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.  There is no evidence in his records that show he was assigned to an infantry unit or participated in active ground combat with an infantry unit during his period of service in Vietnam.  There are no orders in his records awarding him the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) specifies 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 (USARV) Regulation 672-1 (Awards and Decorations) 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.

7.  USARV Regulation 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.”

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he completed training and he was awarded MOS 11B and served in that MOS as a security guard with the 765th Security Platoon during his period of service in Vietnam.  There is no evidence of record and he did not provide any evidence that confirms he served in an infantry unit of brigade, regimental, or smaller size and he participated in active ground combat while assigned to such a unit during his period of service in Vietnam.

3.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100011588



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ABCMR Record of Proceedings (cont)                                         AR20100011588



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