IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100021533
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 involved in many combat actions while serving in Vietnam, to include the Tet Offensive campaign. He lost some good friends there and still has nightmares.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two assignment orders.
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 was inducted into the Army of the United States on 28 January 1969 and he held military occupational specialty (MOS) 36K (Tactical Wire Operations Specialist). He served in Vietnam from on or about 17 October 1969 to on or about 11 October 1970 while assigned to the 3rd Brigade, 1st Infantry Division, and the 7th Battalion, 8th Artillery.
3. On 13 October 1970, 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.
4. His records do not contain orders awarding him the Combat Infantryman Badge.
5. 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), and the Army Good Conduct Medal (1st Award).
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 in MOS 36K. 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 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) AR20100021533
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ABCMR Record of Proceedings (cont) AR20100021533
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