IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100020289
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 for service in the U.S. Army.
2. The applicant states he served in Vietnam from January 1967 to December 1967 and was assigned to the 25th Infantry Division from January 1967 through June 1967 at Cu Chi, Vietnam. He further states he was in the field and protected villages from the Viet Cong and North Vietnamese Regulars before being transferred to Da Nang Air Base as part of the signal corps. He believes he was not awarded the Combat Infantryman Badge because he was transferred from his unit.
3. The applicant provides 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 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 enlisted in the Regular Army on 6 January 1965 and he held military occupational specialty (MOS) 31F (Infantry Communications Chief). He served in Vietnam from on or about 28 February 1967 to 14 June 1967 while assigned to 1st Brigade, 25th Infantry Division, and from on or about 15 June 1967 to 21 December 1967 while assigned to U.S. Army Strategic Communications Command.
3. On 24 December 1967, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 11 days of total active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award), two overseas service bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge. His records do not contain orders awarding him the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served in Vietnam and he held MOS 31F. The Combat Infantryman Badge is awarded to infantry Soldiers who have an infantry MOS. There is no evidence in the available records and he did not submit substantiating evidence that shows he held an infantry MOS, that he was awarded the Combat Infantryman Badge, or that he participated in active ground combat while assigned to an infantry unit. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.
2. 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.
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 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) AR20100020289
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ABCMR Record of Proceedings (cont) AR20100020289
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