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Decision Text

ARMY | BCMR | CY2010 | 20100013316
Original file (20100013316.txt) Auto-classification: Denied

		
		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013316 


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states:

* the documentation to request his Combat Infantryman Badge was lost due to administrative error
* He was wounded in combat 

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army on 4 January 1967 for a period of 3 years.  He was awarded military occupational specialty (MOS) 13A (cannoneer).  On 5 September 1967, he was honorably discharged for immediate reenlistment.  He reenlisted on 6 September 1967 for a period of 6 years.  His DA Form 20 shows he served in MOS 13A while assigned to Battery B, 3rd Battalion, 82nd Artillery of the 196th Light Infantry Brigade and Battery C, 1st Battalion, 14th Artillery of the 198th Infantry Brigade in Vietnam from 27 February 1968 to 4 November 1968.  On 10 October 1973, he was honorably discharged.

3.  The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

4.  There are no orders for the Combat Infantryman Badge in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Infantryman Badge.

6.  Headquarters, Americal Division General Orders 3502, dated 28 June 1968, show the applicant received the Purple Heart for wounds received in action on 
24 May 1968.  These orders show the applicant was assigned to Company C, 3rd Battalion, 21st Infantry of the 196th Infantry Brigade.

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South 


Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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:

The applicant's contentions were carefully considered.  However, there are no orders for the Combat Infantryman Badge.  Although the applicant's Purple Heart orders show he was assigned to Company C, 3rd Battalion, 21st Infantry of the 196th Infantry Brigade on 24 May 1968, evidence of record shows he served as a field artillery crewman during his assignment in Vietnam.  His DA Form 20 shows he was assigned to Battery B, 3rd Battalion, 82nd Artillery of the 196th Light Infantry Brigade and Battery C, 1st Battalion, 14th Artillery of the 198th Infantry Brigade in Vietnam.  There is no evidence of record which shows he was an infantryman who served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on 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)                                         AR20100013316





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ABCMR Record of Proceedings (cont)                                         AR20100013316



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