BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002625 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 June 1970 to show award of the Combat Infantryman Badge.

2.  He states he feels he is eligible for this award due to his combat service in Vietnam and is submitting documents showing his combat service.

3.  He provides:

* DA Form 1594 (Daily Staff Journal or Duty Officer's Log) covering the 
24-hour period of 8 March 1970
* DA Form 1 (Morning Report), dated 24 March 1970
* request for compassionate leave, dated 25 March 1970
* unclassified Americal Division Operational Report – Lessons Learned for the period ending 30 April 1970, dated 10 May 1970
* 1970 DD Form 214
* 1977 DD Form 214 (Report of Separation from Active Duty)

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 Regular Army on 16 July 1969.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 22 February 1970 through 25 March 1970.  He was assigned to Company D, 1st Battalion, 46th Infantry.

3.  He was honorably released from active duty for hardship in pay grade E-3 on 12 June 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 12 June 1970 lists the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.

6.  There is no evidence in the available records that shows he participated in active ground combat during his period of service in Vietnam.  There are no orders in his records for the Combat Infantryman Badge.

7.  He again enlisted in the Regular Army on 5 February 1974.  He completed training and was awarded MOS 95B (Military Police).  He was honorably released from active duty in pay grade E-5 on 4 February 1977 and he was transferred to the USAR Control Group (Standby).

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 4 February 1977 lists the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  He provides a copy of a DD Form 1594 for the 1st Battalion, 46th Infantry, 23rd Infantry Division, which lists incidents including engagements with the enemy, messages, and orders, etc., that occurred on 8 March 1970.  He is not identified as being involved in ground combat on that date.

10.  He also provides a copy of DA Form 1, dated 26 March 1970.  The applicant's name is not listed on this form.

11.  He further provides a copy of an unclassified Americal Division Operational Report – Lessons Learned for the period ending 30 April 1970, dated 10 May 1970.  The operational report summarized only one major engagement with enemy forces which took place in the Hiep Duc area of Operation Frederick Hill on the last day of April.  The operational report does not identify the applicant as being part of that engagement.

12.  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 hold 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.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the Combat Infantryman Badge to Army Forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and 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."







DISCUSSION AND CONCLUSIONS:

1.  The evidence of record fails to show the applicant was awarded the Combat Infantryman Badge.  Although the evidence shows the applicant served in an infantry MOS and in an infantry unit in Vietnam, it does not confirm and he has not sufficiently shown that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.

2.  The Combat Infantryman Badge is not automatically given to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  Therefore, lacking sufficient evidence as required by the governing regulation, he is not entitled to the Combat Infantryman Badge and its addition to his 1970 DD Form 214.

3.  In view of the foregoing, there is no basis for granting him the requested relief.

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)                                         AR20110002625



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ABCMR Record of Proceedings (cont)                                         AR20110002625



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