IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100024875
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 his record be corrected to reflect a "Combat Service Badge," determined to be the Combat Infantryman Badge.
2. The applicant states he served in combat with Alpha Company, 1st Battalion, 2nd Brigade, 1st Infantry Division in June 1968.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Honorable Discharge Certificate
* Department of Veterans Affairs (VA) Form 21-526b (Veteran's Supplemental Claim for Compensation)
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. He was inducted into the Army of the United States on 5 December 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31B (Field Radio Mechanic).
3. He was assigned to Company A, 1st Battalion, 2nd Infantry in the Republic of Vietnam from 23 June to 4 November 1968. He was assigned duties as a radio mechanic.
4. On 4 December 1969, he was released from active duty. He completed
2 years of active service that was characterized as honorable.
5. There are no orders in the applicant's military personnel records showing he was awarded the Combat Infantryman Badge.
6. U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), then in effect, specifically 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. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
7. USARV Regulation Number 672-1, Appendix V (Combat Infantryman Badge Guidance) provided that radio/telephone operators, MOS 05B (Radio Operator/Radio Operator Supervisor), were only entitled to the Combat Infantryman Badge if their primary duty was to accompany infantry or infantry-type units on tactical operations.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded MOS 31B and while in Vietnam he was assigned duties in that MOS. This is not an infantry MOS. Therefore, the applicant did not meet the regulatory requirements for award of the Combat Infantryman Badge as an infantryman.
2. USARV Regulation Number 672-1 provided for award of the Combat Infantryman Badge to Soldiers with the MOS 05B and whose primary duty was to accompany infantry or infantry-type units on tactical operations. The applicant's MOS was 31B and there is no evidence that he accompanied infantry or infantry-type units on tactical operations. Therefore, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge as a radio operator/radio operator supervisor.
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) AR20100024875
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ABCMR Record of Proceedings (cont) AR20100024875
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