IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110003928 


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 records to show his military occupational specialty (MOS) as 11B and award of the Combat Infantryman Badge

2.  The applicant states, in pertinent part:

	a.  Following jump school, he was assigned to the 2nd Battalion, 173rd Aviation Brigade, Okinawa, as a cook.  In May 1965, his unit was transferred to Vietnam and he was assigned as a cook in the Company C kitchen.  In early June/July, the 2nd Battalion began to go out on search and destroy missions.  At that time, he volunteered and he was reassigned to the position of an infantryman in Company C. 

	b.  He was assigned to the 3rd Platoon as an infantryman and he actively participated in combat and related duties continuously.  The company clerk resented him because of an incident between them and he thinks it was a clerical error that his MOS was not changed to 11B.  On 14 March 1966, he was wounded in action with the enemy and several fellow Soldiers were killed in action.

3.  The applicant provides a letter from the U.S. Army Human Resources Command (HRC) and two statements of support.



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 enlisted in the Regular Army on 26 August 1963 and he held MOS 94B (Cook).  He served in Vietnam as a 94B from 5 May 1965 to 23 May 1966 while assigned to the 2nd Battalion, 503rd Infantry Regiment.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 27 (Military Education) shows he completed the 8-week cook course for MOS 94B2O on 17 December 1963; it does not reflect completion of any other military training courses.

	b.  Item 28 (Specialized Training) does not show completion of infantry training.

	c.  Item 38 (Record of Assignments) shows he served in duty MOS 94B throughout his military service; it does not show any entries for service in an infantry duty MOS.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 25 August 1966 and he was transferred to the U.S. Army Reserve for completion of his remaining Reserve obligation.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows the following entries:

	a.  Item 25a (Specialty Number and Title) shows the entry "94B2P Cook."

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Parachutist Badge, Purple Heart, Vietnam Service Medal, and the National Defense Service Medal. 

	c.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "Fragment wound of back and left shoulder, Vietnam, 14 March 1966."

5.  His records do not contain orders awarding him the MOS of 11B or the Combat Infantryman Badge.

6.  The applicant provides a letter, dated 31 December 2009, wherein HRC denied his request for award of the Combat Infantryman Badge based on his holding MOS 94B and not an infantry MOS.

7.  He provides two statements of support as follows:

	a.  A statement, dated 27 June 2009, from Mr. T____ F____, U.S. Army, Colonel (Retired), wherein he stated he was the applicant's company commander when, shortly after arriving in Vietnam, the applicant was assigned to his unit and served as a rifleman.  During the period from January to March 1966, the applicant served as an infantryman in his unit until he was wounded on 14 March 1966.  As a matter of routine, he would have been given an infantry MOS and awarded the Combat Infantryman Badge.  He concurred with the applicant's request and recommended the award of the Combat Infantryman Badge. 

	b.  A statement, dated 11 April 2010, from Mr. S____ H____, wherein he stated he served on the same squad as the applicant in Vietnam from the time they entered Vietnam and he was with [the applicant] on 14 March 1965 [sic] when they came under attack while advancing on a suspected Vietcong position and [the applicant] was wounded while taking on hostile fire.  From the time he [the applicant] arrived in Vietnam he was not doing any cooking; he carried a rifle and participated in all the operations assigned to the company.  The applicant should be awarded the Combat Infantryman Badge as he was in the squad.

8.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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.

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation 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 contends his MOS should be changed to 11B and he should be awarded the Combat Infantryman Badge

2.  There are 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.

3.  The applicant's service in Vietnam and assignment to an infantry unit are not in question.  However, the evidence of record shows the applicant's MOS was 94B.  Although he provided statements that indicated he actively participated in active ground combat, nothing in his records shows that he did so as an infantryman or was ever recommended for or awarded the MOS of 11B.  Therefore, there is insufficient evidence upon which to base award of MOS 11B as well as the Combat Infantryman Badge in this case.

4.  The applicant and all others concerned should know that 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 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)                                         AR20110003928





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ABCMR Record of Proceedings (cont)                                         AR20110003928



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