IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100016781 


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 the liaison officer to the 3rd Battalion, 506th Infantry, 101st (Airborne) Division at landing zone (LZ) Betty in the Republic of Vietnam.  He states he was wounded and received the Purple Heart. He was under the impression that an individual had to be wearing an infantry patch to receive the Combat Infantryman Badge.  He states he and his men were sent on small reconnaissance patrols.  He states he was at LZ Betty during the Tet offensive that lasted 2 weeks.

3.  The applicant provides copies of a:

* certificate for the award of the Bronze Star Medal
* certificate for the award of the Purple Heart
* 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 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 was commissioned a second lieutenant in the U.S. Army Reserve on 8 February 1968 and ordered to active duty effective 6 June 1968.  He was assigned to the Transportation Corps (TC).  

3.  The applicant was awarded the specialty of 2136 (Non-tactical Unit Officer) and the specialty of 0804 (Cargo Officer).

4.  The applicant was assigned in the Republic of Vietnam during the period        1 June 1969 to 26 March 1970.

	a.  He was assigned with a duty specialty of 0804 and duties of platoon leader to the 155th Transportation Company from 1 June 1969 to 3 October 1969.

	b.  He was assigned with a duty specialty of 0804 and duties of platoon leader to the 870th Transportation Company from 4 October 1969 to 26 March 1970.

5.  On 28 May 1970, the applicant was released from active duty.  He had completed 1 year, 11 months, and 24 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Combat Infantryman Badge.

6.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) 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 men 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.

7.  Appendix V of USARV 672-1 stated officers whose basic branch is other than infantry, who have been detailed infantry are considered infantry officers for the purpose of determining eligibility for award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge.

2.  Officers must have an infantry specialty and they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size to be eligible for the Combat Infantryman Badge.  Officers whose basic branch is other than infantry who have been detailed infantry are considered infantry officers for the purpose of determining eligibility for award of the Combat Infantryman Badge.

3.  The applicant was assigned duties in specialty 0804 while assigned to two transportation companies while he was in the Republic of Vietnam.  Therefore, he was not assigned infantry duties in a unit of brigade, regimental or smaller size.

4.  In view of the above, there is insufficient basis to award 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _   __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)                                         AR20100016781





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ABCMR Record of Proceedings (cont)                                         AR20100016781



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