IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013794 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states he received the Combat Infantryman Badge when he graduated from advanced individual training at Fort Polk, LA, on 20 September 1966.  It was not documented there nor was it put on file after his time in Vietnam.  He earned the badge while under fire.

3.  The applicant provides:

* Special Orders Number 94, dated 20 September 1966
* Special Orders Number 356, dated 22 December 1966
* Special Orders Number 309, dated 23 December 1966
* Special Orders Number 82, dated 23 March 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 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 27 July 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 2 December 1966.

3.  His records show he served in Vietnam from on or about 18 December 1966 to on or about 18 December 1967.  During his service in Vietnam he was awarded MOS 71B (Clerk Typist) on 23 March 1967.  He was assigned as follows:

* in MOS 11B with Company A, 2nd Battalion, 35th Infantry, from 23 December 1966 to 22 March 1967
* in MOS 71B with Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division, from 23 March 1967 to 22 August 1967
* in MOS 71B with Headquarters and Headquarters Company, 1st Battalion, 35th Infantry, from 23 August 1967 to 18 December 1967

4.  He was honorably released from active duty on 26 July 1968 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.

7.  There are no official orders in his records that show he was awarded the Combat Infantryman Badge.

8.  He again enlisted in the Regular Army on 12 August 1968 and held MOS 71H (Personnel Specialist).  He was honorably discharged on 9 December 1969 for the purpose of immediate reenlistment.

9.  He reenlisted in the Regular Army on 10 December 1969 and again held MOS 71H.  He served in Okinawa from on or about 2 February 1970 to on or about 28 July 1970.  He was honorably discharged on 29 July 1970.

10.  Item 24 of his DD Form 214 for this period of service shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Good Conduct Medal.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any Combat Infantryman Badge orders on file for him.

12.  He submitted the following documents:

* Special Orders Number 82, issued by Headquarters, 3rd Brigade, 25th Infantry Division, awarding him primary MOS 71B and secondary MOS 11B
* Special Orders Number 309, issued by Headquarters, 3rd Brigade, 25th Infantry Division, reassigning him to Company A, 2nd Battalion, 35th Infantry
* Special Orders Number 356, issued by Headquarters, 90th Replacement Battalion, assigning him to the 3rd Brigade, 25th Infantry Division
* Special Orders Number 94, issued by the U.S. Army Training Center, Fort Campbell, KY, awarding him MOS 11B

13.  Army Regulation 600-8-22 (Military Awards) provides 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.

14.  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 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's infantry MOS and assignment to an infantry unit in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the Combat Infantryman Badge or that he was an active participant in ground combat while assigned to an infantry unit.

2.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground 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)                                         AR20100013794



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ABCMR Record of Proceedings (cont)                                         AR20100013794



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