IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110001773
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. He states he:
* was an infantryman in military occupational specialty (MOS) 11B2O (Light Weapons Infantryman)
* served in Vietnam from May 1970 to January 1971 and was assigned to Wai Phu Bai
* performed duties as a security guard and convoy duty to Da Nang
* believes he should have received the Combat Infantryman Badge for his service in Vietnam
3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and 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 was inducted into the Army of the United States on 3 September 1969. At the completion of basic combat and advanced individual training he was awarded MOS 11B.
3. His DA Form 20 shows in:
* item 31 (Foreign Service) he served in Vietnam from 5 February 1970 through 31 January 1971
* item 38 (Record of Assignments) he performed duties as a security guard in MOS 11B2O in Vietnam while assigned to U.S. Military Assistance Command, Vietnam (MACV)
* item 41 (Awards and Decorations) doesn't list award of the Combat Infantryman Badge
4. His service record doesn't contain orders which show he was awarded the Combat Infantryman Badge.
5. Both of his citations for award of the Army Commendation Medal indicate he served as a security guard with the U.S. Army Advisory Group, 1st Infantry Division, in the Republic of Vietnam. His service record doesn't indicate he engaged in active ground combat with his unit in Vietnam.
6. He was released from active duty on 2 September 1971. His DD Form 214 doesn't show award of 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded MOS 11B and he served in this MOS performing security guard duties while assigned to MACV during his tour of duty in Vietnam.
2. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy. The applicant's service record doesn't contain sufficient evidence that shows he was engaged in actual active ground combat while assigned to an infantry unit in Vietnam. Therefore, he has not met all of the requirements for award of the Combat Infantryman 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 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) AR20110001773
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110001773
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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