IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100028052
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 spent 4 months with A Company, 2nd Battalion, 503rd Infantry. He volunteered for 2nd Battalion Reconnaissance and spent 8 months with that unit. He never worked as a clerk during his first tour in the Republic of Vietnam. He came back on a second tour as a clerk but he was a mail clerk and worked from Headquarters Company, 3rd Battalion, 503rd Infantry as a battalion mail clerk. He states his first sergeant didn't like him because he couldn't type and still can't type.
3. The applicant provides his DA Form 20 (Enlisted Qualification Record).
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 enlisted in the Regular Army on 26 June 1968 for a period of 3 years He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on
15 November 1968.
3. Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 56, dated 28 February 1969, withdrew MOS 11B, awarded him MOS 71B (Clerk-Typist), and promoted him to specialist four/pay grade E-4 in MOS 71B, effective 13 February 1969.
4. He served in the Republic of Vietnam from 24 June 1969 to 23 June 1970 and from 31 July 1970 to 9 June 1971. His DA Form 20 shows he was assigned to:
* 2nd Battalion (Airborne), 503rd Infantry from 28 June 1969 to 23 June 1970 as a company clerk
* Headquarters and Headquarters Company, 3rd Battalion (Airborne), 503rd Infantry from 5 August 1970 to 8 June 1971 as a clerk typist
* U.S. Army Correctional Holding Detachment from 9 June to 30 June 1971 in a prisoner status
* U.S. Army Hospital at Camp Zama, Japan from 1 July to 20 July 1971 in a patient status
* Womack Army Hospital, Fort Bragg, NC, from 23 July 1971 to date of release from active duty
5. On 21 May 1971, he was convicted by a special court-martial for wrongfully having in his possession a trace amount of heroin. His sentence consisted of
5 months confinement, forfeiture of $95 pay per month for 5 months, and reduction to private/pay grade E-1.
6. On 13 September 1971, he was released from active duty. He completed
3 years, 2 months, and 2 days of active service that was characterized as honorable. He had 19 days time lost due to confinement. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
7. 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 regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. He was awarded MOS 71B and his MOS of 11B was withdrawn 4 months before he was sent to the Republic of Vietnam. Although he contends otherwise, the records show he was assigned as a company clerk while assigned to the 2nd Battalion (Airborne), 503rd Infantry. He has provided no substantive evidence to support his contention.
3. Whether or not his first sergeant liked him would have no bearing on his being awarded the Combat Infantryman Badge. He simply did not have the proper MOS and he was not assigned infantryman duties.
4. Therefore, in view of the above, there is insufficient evidence to award the Combat Infantryman Badge in this case.
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) AR20100028052
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ABCMR Record of Proceedings (cont) AR20100028052
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