BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100012552
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 Service Medal (sic - Combat Infantryman Badge).
2. The applicant states he served in combat in Vietnam but his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect this medal. He was around gunfire every other week and around several ammunition dump explosions.
3. The applicant provides a copy of his DD Form 214, dated 13 December 1967.
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's records show he enlisted in the Regular Army (RA) on
11 March 1966 for a period of 3 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 76V (Equipment Storage Specialist).
3. His records show he served in the Republic of Vietnam from on or about 10 September 1966 to on or about 9 September 1967. He was assigned to the 264th Transportation Company.
4. He was honorably discharged on 13 December 1967 for the purpose of immediate reenlistment.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, for the period ending on 13 December 1967, shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar.
6. He executed a 6-year reenlistment in the RA on 14 December 1967 and subsequently served in his MOS in Germany from on or about 1 February 1969 to on or about 17 December 1971 and in Korea from on or about 20 February 1973 to on or about 4 December 1973. He was also awarded secondary MOS 76X (Subsistence Storage Specialist) on 14 August 1972.
7. He was honorably discharged on 4 December 1973. Item 24 of the DD Form 214 he was issued for this period of service shows he was awarded the Army Good Conduct Medal and Armed Forces Expeditionary Medal (Korea).
8. There is no indication in his records he held an infantry MOS or served with an infantry unit in Vietnam.
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 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 enlisted 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's service in Vietnam is not in question. However, the applicant held a transportation MOS and he was assigned to a transportation company in Vietnam. There is no evidence in his records that shows he held an infantry MOS and/or was assigned to an infantry unit that was actively engaged in ground combat with the enemy. Regretfully, in the absence of conclusive evidence that he held an infantry MOS and actively participated in combat while assigned to an infantry unit, he is not entitled to the Combat Infantryman Badge in this case.
2. 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) AR20100012552
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ABCMR Record of Proceedings (cont) AR20100012552
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