IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110004040
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 reflect awards of the Combat Infantryman Badge and Expert Marksmanship Qualification Badge with Rifle Bar.
2. The applicant states he did not have a combat military occupational specialty (MOS), yet he served in the field fighting side by side with his fellow squad members under fire. In addition, he states he earned the Expert Marksmanship Qualification Badge, not the Marksman Marksmanship Qualification Badge.
3. The applicant does not provide any additional evidence to support his request.
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 enlisted in the Regular Army on 28 September 1966. He completed basic combat and advanced individual training and was awarded MOS 71H (personnel specialist). The highest rank he attained while serving on active duty was specialist five/E-5.
3. Special Orders Number 196, dated 16 August 1968, and the applicant's DA Form 20 (Enlisted Qualification Record) show he qualified with his rifle as a Marksman and was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. There is no evidence in the available records showing he received the Expert Marksmanship Qualification Badge with Rifle Bar.
4. The applicant served in Vietnam during the period 30 January 1969 through 26 July 1969 with Headquarters and Headquarters Company, 5th Battalion,
60th Infantry, 9th Infantry Division and Battery A, 3rd Battalion, 34th Artillery,
8th Infantry Division.
5. There is no evidence in the available records showing he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
6. 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, enlisted personnel, and to warrant officers who had an infantry specialty/MOS. In addition to having an eligible 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. His records are void of any evidence and he has not provided any evidence showing he was ever awarded or recommended for award of the Combat Infantryman Badge.
2. In order to support award of the Combat Infantryman Badge, there must be evidence the member held an infantry MOS and served in an infantry MOS. The applicant's records are void of any evidence and he failed to provide evidence that fulfills this requirement. Accordingly, he is not entitled to award of the Combat Infantryman Badge.
3. The applicant's records show he qualified with his rifle as a Marksman and was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. His record is void of any evidence and he has not provided evidence showing he was awarded the Expert Marksmanship Qualification Badge (Rifle). Absent evidence to show he qualified expert with his rifle, there is no basis to grant award of Expert Marksmanship Qualification Badge (Rifle).
4. 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) AR20110004040
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ABCMR Record of Proceedings (cont) AR20110004040
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