IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100028806
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 should have been awarded the Combat Infantryman Badge for his service in the Republic of Vietnam based on Army Regulation
600-8-22 (Military Awards), dated 25 February 1995, since he was assigned as an advisor to an infantry unit of the Vietnamese government engaged in ground combat. He adds that he was assigned as an advisor to Regional Forces units in "Bin Thani Province."
3. The applicant provides 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's military records show he enlisted in the U.S. Army Reserve on 3 February 1966. He was appointed as a U.S. Army Reserve commissioned officer in the Armor branch with a primary military occupational specialty (MOS) of 1203 on 15 April 1967. He was ordered to active duty from the U.S. Army Reserve on 31 July 1967.
3. His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam during the period 2 July 1968 to 28 June 1969. He performed duties as a senior training center advisor and a psychological warfare advisor while he was assigned to the U.S. Military Assistance Command Vietnam.
4. His DA Form 67-6 (U.S. Army Officer Efficiency Report) for the rating period 17 May 1968 to 24 April 1969 contained a statement that he frequently operated in combat zones or areas where enemy units were in daily operation.
5. On 1 July 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he had attained the rank of first lieutenant. It further shows he completed a total of 1 year, 10 months, and 1 day of active duty commissioned service and 3 months and 16 days of other service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal, and two overseas service bars.
7. The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority.
8. Army Regulation 600-8-22 states 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 to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
9. The version of Army Regulation 600-8-22, dated 25 February 1995, provided special provisions for Republic of Vietnam Combat Infantryman Badge eligibility in paragraph 8-6e and stated that subsequent to 1 March 1961 a Soldier must have been:
a. assigned as advisor to an infantry unit, ranger unit, infantry type unit of the civil guard of regimental or smaller size, and/or infantry-type unit of the self defense corps unit of regimental or smaller size of the Vietnamese government during any period such unit was engaged in actual ground combat;
b. assigned as advisor of an irregular force comparable to the above infantry units under similar conditions; or
c. personally present and under fire while serving in an assigned primary duty as a member of a tactical advisory team while the unit participated in ground combat.
DISCUSSION AND CONCLUSIONS:
1. While the applicant may have met the criteria for a qualifying advisor assignment and served in combat zones or areas where enemy units were in daily operation, there is insufficient evidence that he was present during any period such unit was engaged in actual ground combat. Therefore, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.
2. In view of the foregoing, there is no 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:
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) AR20100028806
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ABCMR Record of Proceedings (cont) AR20100028806
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