IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025037 


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 should be added to his DD Form 214 to reflect his active participation in combat while serving in Vietnam
* He was assigned to the 2nd Battalion, 12th Cavalry, 1st Cavalry Division
* He participated in a firefight in Landing Zone Grant, near Tay Ninh, Vietnam

3.  The applicant provides copies of the following documents:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Clinical Record, Consultation Sheet
* Health Record, Chronological Record of Medical Care
* Psychiatric Evaluation for Clearance, dated 24 March 1969

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 official military records are not available.  The documents the applicant submitted were sufficient for consideration of this case.

3.  The applicant was inducted into the Army of the United States on 29 March 1968.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 26 May 1969, he was honorably retired due to physical disability.  The 
DD Form 214 he received shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.  His DD Form 214 also shows his last duty assignment and major command was the 1st Cavalry, U.S. Army Pacific.

5.  The available evidence does not show he was engaged in active ground combat while he was in Vietnam.  A further review of the available evidence does not show he was assigned to an infantry unit.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 any orders awarding him the Combat Infantryman Badge.

7.  The Clinical Record Consultation Sheet and the Chronological Record of Medical Care the applicant submitted shows that, on 11 March 1969, he was evacuated from Vietnam after being there only 3 months due to combat exhaustion.  He was unable to speak or understand English which made him a burden to his unit in the rear and a hazard to his unit in the field.  The Psychiatric Evaluation for Clearance shows that on 24 March 1969, the applicant was diagnosed with situational maladjustment reaction, severe stress, due to being in a combat situation and not being able to speak English.



8.  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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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 applicant's contentions have been noted.  His supporting documents have been considered.

2.  There are no orders in ADCARS showing that he was awarded the Combat Infantryman Badge.

3.  The evidence the applicant provided shows he was evacuated from Vietnam due to a diagnosis of situational maladjustment reaction, severe stress, due to a language barrier.  He was unable to speak or understand English which made him a burden to his unit in the rear, and a hazard to his unit in the field.  

4.  Therefore, notwithstanding the applicant's sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, or official orders to corroborate the applicant's specific involvement, or documentation that conclusively 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, there is insufficient evidence upon which to correct his DD Form 214 to show award of the Combat Infantryman Badge.

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)                                         AR20100025037



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ABCMR Record of Proceedings (cont)                                         AR20100025037



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