IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100028822
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and the Combat Action Badge.
2. He states he:
* doesnt have the Combat Infantryman Badge or the Combat Action Badge on his discharge document
* was in an infantry unit
* was a tank driver as well as a tank gunner in Vietnam from approximately February 1968 to February 1969
* was actively involved in combat in Vietnam
3. He provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Discharge orders from the U.S. Army Reserve Control Group (Reinforcement)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 47 (Record of Induction)
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. The applicant was inducted into the Army of the United States on 8 September 1967.
3. His DA Form 20 shows in:
* Item 22 (Military Occupational Specialties (MOSs) he was awarded MOS 11E2O (Armor Crewman) on 2 February 1968
* Item 31 (Foreign Service) he served in Vietnam from 2 March 1968 through 26 February 1969
* Item 38 (Record of Assignments) he was assigned to Troop B, 1st Squadron, 10th Cavalry, 4th Infantry Division in Vietnam on 16 March 1968 as a loader in duty MOS 11E; doesnt show he served as an infantryman or held an infantry MOS
* Item 41 (Awards and Decorations) doesnt list award of the Combat Infantryman Badge or the Combat Action Badge
4. His service record doesnt contain orders which show he was awarded the Combat Infantryman Badge or the Combat Action Badge.
5. He was released from active duty on 5 September 1969. His DD Form 214 doesnt show award of the Combat Infantryman Badge or the Combat Action Badge.
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 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.
7. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he served as a loader in duty MOS 11E while assigned to Troop B, 1st Squadron, 10th Cavalry, 4th Infantry Division during his tour in Vietnam.
2. To support award of the Combat Infantryman Badge, he is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat and he must have actively participated in such ground combat. Therefore, he does not meet the requirements for award of the Combat Infantryman Badge.
3. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. The applicant served on active duty from 8 September 1967 to 5 September 1969. Therefore, he does not meet the minimum eligibility criteria for award of the Combat Action Badge.
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) AR20100028822
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028822
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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