BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110009220
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 his DD Form 214 does not show award of the Combat Infantryman Badge.
3. The applicant provides no additional evidence.
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 served in the Regular Army from 29 November 1968 through 22 December 1971 in military occupational specialty 11B (Light Weapons Infantryman).
3. He served with Company B, 3rd Battalion, 8th Infantry Regiment, in Vietnam from 28 June 1969 through 15 June 1970.
4. His DD Form 214 shows he completed 2 years, 9 months, and 14 days of creditable service with 78 days of lost time due to being absent without leave (AWOL); 61 days of his AWOL occurred while assigned to duty in Vietnam. His awards are shown as the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows the same awards as shown on the DD Form 214. It also shows a longer period of AWOL in Vietnam (83 days).
6. The applicant's record contains no documentation of nonjudicial punishment or court-martial action to verify the duration of the AWOL period in Vietnam.
7. Army Regulation 600-8-22 (Military Awards), paragraph 8-6, sets forth the Army policy and procedures for award of the Combat Infantryman Badge. It states there are three basic requirements for award of the Combat Infantryman Badge. A Soldier must have an infantry specialty; he must satisfactorily perform infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat; and he must be personally present and under hostile fire while serving in that unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his DD Form 214 does not show award of the Combat Infantryman Badge.
2. The applicant has not provided and the record does not contain any evidence to show he was awarded the Combat Infantryman Badge.
3. While the available records show the applicant served as an infantryman with an infantry unit, there is no evidence he was personally present and under hostile fire while serving in that unit.
4. Given his long period of AWOL in Vietnam (which indicates his commander may not have believed he satisfactorily performed his infantryduties), lack of official orders awarding the Combat Infantryman Badge, and no verification he was personally present and under hostile fire with his unit, showing entitlement to this award is not appropriate.
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) AR20110009220
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ABCMR Record of Proceedings (cont) AR20110009220
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