IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20110000824
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.
2. The applicant states he was a combat infantryman with the 25th Infantry Division. He went to Vietnam from January 1969 to January 1970 and fought many battles during that year. He also stated it has been a long time since he was discharged, but he just found out the Combat Infantryman Badge should be noted on his DD Form 214. After spending a year in hell, he feels he earned that right.
3. The applicant provides his DD Form 214 and 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 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 records show he was inducted into the Army of the United States on 4 September 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam from on or about 30 January 1969 to 29 January 1970 while assigned to 2nd Battalion, 22nd Infantry, 25th Infantry Division.
3. He was honorably released from active duty on 3 September 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years of creditable active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with two bronze service stars, Bronze Star Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and National Defense Service Medal.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Infantryman Badge. His records do not contain orders that show he was awarded the Combat Infantryman Badge.
6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicant's infantry MOS and his assignment to an infantry unit during his service in Vietnam are not in question. However, his records do not contain orders awarding him the Combat Infantryman Badge and item 41 of his DA Form 20 does not show award of the Combat Infantryman Badge. There is no evidence in the available records and he did not submit any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat, regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
4. Nevertheless, 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.
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) AR20110000824
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ABCMR Record of Proceedings (cont) AR20110000824
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