IN THE CASE OF:
BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100014678
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. The applicant states he was combat infantry, mine clearing, mine sweeping, and blowing up enemy booby traps. He saw unpleasant situations in Vietnam at Rocket City, Lai Khe, and Cu Chi tunnels. This was a travesty for such young men as himself. Further, he states he was promoted to sergeant and would like to receive a combat badge for his records.
3. The applicant provides a self-authored statement and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. On 21 August 1968, the applicant was inducted into the Army of the United States. He completed his initial training and he was awarded military occupational specialty (MOS) 12A (Pioneer), and was later awarded MOS 12B (Combat Engineer. He served in the Republic of Vietnam from 12 January 1969 to 23 March 1970.
3. He was assigned to Company D, 31st Engineer Battalion and Company D, 168th Engineer Battalion during his tour and he performed duty as a Pioneer, Combat Construction Specialist, and Assistant Squad Leader.
4. On 23 March 1970, he was honorably released from active duty. He attained the rank/grade of sergeant (SGT)/E-5. He completed 1 year, 7 months, and
3 days of total active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).
6. 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 military occupational specialty (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 states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge because he was combat infantry and he had cleared mines and exploded enemy booby traps.
2. His service in Vietnam is not in question. However, he held an engineer MOS and he was assigned as an engineer with two engineer units in Vietnam. There is no available evidence in his records showing he had held an infantry MOS and/or had been assigned to an infantry unit that was actively engaged in ground combat with the enemy. Accordingly, he is not entitled to the Combat Infantryman Badge.
3. In view of the foregoing there is no basis for granting his request.
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) AR20100014678
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014678
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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