BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100020718
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 the Combat Infantryman Badge was not listed on his DD Form 214.
3. The applicant provides his DD Form 214.
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. The applicant's records show he was inducted into the Army of the United States on 27 February 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from on or about 26 February 1970 to 1 January 1971 while assigned to the 3rd Battalion, 21st Infantry, 196th Infantry Brigade.
3. On 10 April 1970, while in Vietnam, he was honorably discharged for the purpose of immediate enlistment in the Regular Army. Item 24 ((Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the National Defense Service Medal and the Vietnam Service Medal. Item 23a (Specialty Number and Title) shows "11B40."
4. On 11 April 1970, he enlisted in the Regular Army.
5. Headquarters, Americal Division, Special Orders Number 253, dated 10 September 1970, withdrew his primary MOS (PMOS) of 11B and awarded him PMOS 63B (Wheel Vehicle Repairman) and secondary MOS 11B effective 15 August 1970.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
7. His records do not contain orders awarding him the Combat Infantryman Badge.
8. On 26 January 1973, 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. The DD Form 214 he was issued for this period of service shows he completed a total of 3 years and 11 months of creditable active service.
9. Item 24, of the DD Form 214 dated 26 January 1973, shows the National Defense Service Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960) and two overseas service bars. Item 23a shows "63B40 15 August 1970."
10. 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. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
2. His infantry MOS for part of his service in Vietnam and his assignment to an infantry battalion are not in question. However, there is no evidence in his available records nor did he provide any evidence that shows he was personally present with a qualifying infantry unit when it was engaged in active ground combat and that he actively participated in such ground combat while assigned as an 11B. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
3. 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 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) AR20100020718
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ABCMR Record of Proceedings (cont) AR20100020718
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