BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100011874
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 he should have been awarded the Combat Infantryman Badge.
3. He provides no additional documental 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 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 enlisted in the Regular Army in pay grade E-1 on 25 November 1968 for 3 years. He completed training and he was awarded military occupational specialty (MOS) 62B (Engineer Equipment Repairman). He served in Vietnam from 4 August 1969 through 3 August 1970. He was assigned to the 513th Maintenance Battalion and 2nd Maintenance Battalion and served in MOS 63B (Wheeled Vehicle Repairman).
3. He was honorably discharged from active duty in pay grade E-5 on 10 September 1971.
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 shows he held an infantry MOS or was assigned to an infantry unit or participated in ground combat 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 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 (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. U.S. Army Vietnam Regulation 672-1 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 62B. He served in MOS 63B with the 513th Maintenance Battalion and the 2nd Maintenance Battalion 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 MOS and that he participated in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during his period of service in Vietnam.
3. All Soldiers were provided basic combat skills training after they entered the Army. This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose. Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were trained to do; however, it is not a basis for award of the Combat Infantryman Badge. Based on the available evidence, he is not entitled to 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) AR20100011874
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ABCMR Record of Proceedings (cont) AR20100011874
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