IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100025852
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 military records by awarding him the Combat Infantryman Badge and showing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in the Republic of Vietnam (RVN) and was in combat.
3. The applicant provides no additional documentation.
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. On 28 January 1971, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 26 October 1971, the applicant departed Fort Carson, Colorado, for duty in the RVN.
a. On 14 December 1971, he was assigned to duty as security police with the 146th Signal Company.
b. On 15 April 1972, he departed the RVN and returned to the United States.
4. On 16 May 1972, the applicant was honorably discharged. He had attained the rank of private first class, pay grade E-3, and had completed 1 year,
2 months, and 19 days of creditable active duty service.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
* Expert Marksmanship Qualification Badge with Pistol Bar
* Vietnam Service Medal with one bronze service star
6. Army Regulation 600-8-22 (Military Awards) provides that 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.
7. U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, 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. Additionally Appendix V of USARV 672-1 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 applicant contends that he should be awarded the Combat Infantryman Badge and that it should be shown on his DD Form 214.
2. The evidence clearly shows that the applicant was awarded an infantryman MOS and had served in the Republic of Vietnam. However, he was assigned to a signal company in the RVN and not to an infantry unit of brigade, regimental, or smaller size.
3. In view of the above, his request for award of the Combat Infantryman Badge should be denied.
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) AR20100025852
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ABCMR Record of Proceedings (cont) AR20100025852
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