BOARD DATE: 14 June 2011
DOCKET NUMBER: AR20100027764
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 held military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist); he was assigned to Company C, 1st Battalion, 505th Infantry; and he conducted several combat patrols and ambushes while serving in Vietnam.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 17 August 1967 for a period of 3 years. He was awarded MOS 11B1O (Light Weapons Infantryman) as his primary MOS (PMOS) on 11 January 1968. He was then awarded MOS 11F2P as his PMOS on 14 February 1969.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he served in Vietnam from 14 February through 25 July 1968;
b. item 38 (Record of Assignments) he served:
(1) in duty MOS 11B1P as a rifleman while assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 505th Infantry, from
14 February through 31 March 1968, and
(2) in duty MOS 11B1P as a rifleman while assigned to Company A,
1st Battalion (Airborne), 505th Infantry, from 1 April through 24 July 1968;
c. Item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 15 January 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation. He had completed 3 years of total active service of which 5 months and 12 days was foreign service.
a. Item 23a (Specialty Number and Title) shows the entry "11F2P Infantry Operations and Intelligence [Specialist]."
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Parachutist Badge, and Vietnam Service Medal.
5. The applicant's military personnel record does not contain any orders or other evidence showing he was recommended for or awarded the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It states that there are basically three requirements for award of the Combat Infantryman
Badge. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge because he held and served in MOS 11F in Vietnam.
2. The applicant's claim to the Combat Infantryman Badge was carefully considered.
a. Records show the applicant was awarded PMOS 11B1O and he served in duty MOS 11B1P while assigned to Headquarters and Headquarters Company and then Company A, 1st Battalion (Airborne), 505th Infantry, in Vietnam. However, this evidence, alone, is insufficient as a basis for award of the Combat Infantryman Badge.
b. The evidence of record fails to show the applicant satisfactorily performed infantry duties during such time as his unit was engaged in active ground combat and that he actively participated in such ground combat.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x__ __x______ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that 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.
__________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) AR20100027764
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ABCMR Record of Proceedings (cont) AR20100027764
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