IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020849
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 served in combat for over 30 days in 1968-1969, but was denied award of the Combat Infantryman Badge on the grounds that he had received a debt complaint.
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 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 military records show he was inducted into the Army of the United States on 26 October 1966. He completed initial entry training, was awarded the military occupational specialty (MOS) of infantry operations and intelligence specialist, and was promoted to pay grade E-5.
3. He was appointed as a Reserve commissioned officer in the rank of second lieutenant on 19 October 1967. He was assigned to the infantry branch with a primary specialty of 1542 (Infantry Officer).
4. His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam during the period 15 October 1968 to 14 September 1969. On 20 October 1968, he was assigned to Headquarters and Headquarters Company, 3d Battalion, 503d Infantry, 173d Airborne Brigade. On 25 April 1969, he was reassigned for duty as a rifle platoon leader with Company B, 3d Battalion, 503d Infantry, 173d Airborne Brigade. On 12 August 1969, he was further assigned as an executive officer with Company D, 3d Battalion, 503d Infantry, 173d Airborne Brigade.
5. On 18 September 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of first lieutenant and had completed 2 years, 10 months, and 23 days of combined commissioned and enlisted active duty service.
6. His personnel service record does not contain orders awarding him the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to support award of the Combat Infantryman Badge, an officer must have been awarded and served in an infantry specialty while assigned to an infantry unit in addition to evidence the Soldier was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. There is no evidence in the available records and he did not provide sufficient evidence to corroborate that he personally engaged in active ground combat with enemy forces. Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.
2. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20100020849
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ABCMR Record of Proceedings (cont) AR20100020849
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