IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025796
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 the Combat Infantryman Badge for his service in Vietnam.
2. The applicant states he was the only cook to volunteer to go with the reconnaissance team to a remote fire base. Upon return to the base camp he noticed everyone, including the cooks, was wearing the Combat Infantryman Badge. He was told the orders had been issued and it was too late for him to receive the award.
3. The applicant provides no additional evidence to support his request.
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 enlisted in the Regular Army on 27 July 1962. He completed training and was awarded military occupational specialty (MOS) 941.10 (Cook) [later redesignated as 94B]. He reenlisted on 27 July 1965 and served until 2 December 1969 when he was placed on the Temporary Disability Retired List (TDRL). On 30 November 1971, he was removed from the TDRL and permanently retired in pay grade E-5.
3. From 21 July 1966 to 26 June 1969, he served in Vietnam as a cook in MOS 94B.
4. His DA Form 20 (Enlisted Qualification Record) shows the National Defense Service Medal, Vietnam Service Medal, Army Good Conduct Medal (2nd Award), Republic of Vietnam Campaign Medal with Device (1960), six overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bar in item 41 (Awards and Decorations).
5. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the Army Good Conduct Medal with Bronze Clasp (two loops), Vietnam Service Medal with six bronze service stars, Vietnam Campaign Medal with Device (1960), and six overseas service bars in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
6. 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 Regulation 672-1 (Decorations and Awards) 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 was not eligible for the Combat Infantryman Badge as he was not an infantryman.
2. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100019937
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025796
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