IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029584
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 was assigned to two combat infantry units.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Military documents showing he was assigned to the 4th Infantry Division and the 25th Infantry Division
* copy of a wrist band
* Meritorious Unit "Citation" Award
* Certificate of Achievement Award
* 2 Certificates of Appreciation
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 on 10 August 1966. The applicant completed training and was awarded military occupational specialty (MOS) 64A (light vehicle driver).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 725th Maintenance Battalion, and to Company B, 4th Supply and Transport Battalion, 4th Infantry Division, while serving in Vietnam with principal duties as a light vehicle driver.
4. On 9 August 1968, the applicant was honorably discharged after completing 2 years of total active service. The DD Form 214 he was issued shows the following in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):
* National Defense Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge (rifle)
5. The applicant provided organizational documents and Certificates of Achievement Awards which show his affiliation with the 4th Infantry Division and 25th Infantry Division. In addition, the applicant provided his wrist band which he states was placed on him when he was hit from behind by a jeep.
6. The Combat Infantryman Badge is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 and his Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he qualified for the Combat Infantryman Badge.
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 (Awards and Decorations) 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.
8. U.S. Army Vietnam Regulation 672-1 also stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that he be awarded the Combat Infantryman Badge has been carefully considered; however, the evidence is not sufficient to support this request.
2. Although the applicant provided organizational documents which show his affiliation with the 4th Infantry Division and 25th Infantry Division, there is no evidence that the applicant served in an infantry specific MOS and no evidence that the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and no evidence that he was an infantryman.
3. The applicant's official military personnel file is void of any orders or other documentation that shows he qualifies for the Combat Infantryman Badge. As a result, there is insufficient evidence to support award of the Combat Infantryman Badge.
4. The applicant and all others concerned should know that this action related to award of the Combat Infantryman Badge in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100029584
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