IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021438 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of Combat Infantryman Badge.

2.  He states, in effect, he served with Company D, 2nd Battalion, 27th Infantry Regiment's Wolf Hounds.  He served in Vietnam from 16 July 1967 through 
12 July 1968 in military occupational specialty (MOS) 11B.  He was assigned to an infantry unit, he was involved in combat several times, and he got shot while serving in MOS 11B.  Therefore, he believes he is entitled to the Combat Infantryman Badge.  

3.  He provides a:

* Bronze Star Medal certificate
* 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 enlisted in the Regular Army in pay grade E-1 on 13 February 1967, for 3 years.  He completed training and he was awarded MOS 11B (Light Weapons Infantryman).  He served in Vietnam from 19 July 1967 through 18 July 1968.  He was assigned to the 25th Administration Company, 25th Infantry Division and Companies A and D, 2nd Battalion, 21st Infantry.

3.  General Orders Number 4071 were issued by the 25th Infantry Division on 3 June 1968 awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from July 1967 to July 1968.  He provided a copy of the resulting certificate.

4.  He was honorably released from active duty in pay grade E-5 on 12 February 1970, on his expiration term of service date and transferred to the U.S. Army Control Group (Reinforcement).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal, two Overseas Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

7.  There is no evidence in his records that shows he participated in ground combat during his period of service in Vietnam.  There are no orders in his records awarding him the Combat Infantryman Badge.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal that orders were published authorizing the applicant award of the Combat Infantryman Badge.

9.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

10.  U.S. Army Vietnam Regulation 672-1 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 man 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."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence shows he served in an infantry MOS and in an infantry unit in Vietnam; however, the evidence of record does not confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  Notwithstanding the fact he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam from July 1967 to July 1968, no evidence shows he was specifically present and participated in active ground combat during that period.  

3.  He stated he thought that being an 11B, assigned to a combat unit in Vietnam, and seeing combat several times would entitle him to the Combat Infantryman Badge.  It is again noted that the recipient of a Combat Infantryman Badge must meet the eligibility requirements for this award.  Therefore, Soldiers who do not meet the criteria are not eligible for this award and the award is not automatically given to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  

4.  Based on the available evidence, he is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.



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)                                         AR20100021438



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ABCMR Record of Proceedings (cont)                                         AR20100021438



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