IN THE CASE OF:
BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010302
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 should have been awarded the Combat Infantryman Badge because the Soldiers he served with in combat were awarded the badge.
3. He provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* four letters of support
* General Orders Number 3211, issued by Headquarters, 101st Airborne Division, dated 11 April 1969, awarding him the Army Commendation Medal
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 applicants 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 applicants 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 11 April 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in Vietnam from 3 September 1968 through 27 August 1969
* item 38 (Record of Assignments) he performed duties as a rifleman, automatic rifleman, light weapons infantryman, and a machine gunner in MOS 11B
* item 38 he was assigned to Companies A and D, 3rd Battalion, 506th Infantry Regiment in Vietnam
* item 41 (Awards and Decorations) no entry for the Combat Infantryman Badge
4. His service record does not contain orders showing he was awarded the Combat Infantryman Badge.
5. His orders for award of the Army Commendation Medal indicate he was assigned to Company A, 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division in Vietnam. His service record does not indicate he engaged in active ground combat with this unit in Vietnam.
6. He was honorably released from active duty on 10 April 1970 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 2 years of total active service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of the DD Form 214 he was issued at the time does not show award of the Combat Infantryman Badge.
8. He provided four letters of support from former fellow Soldiers who attested they served with the applicant in the Republic of Vietnam, were assigned to the same unit, and encountered combat on several occasions.
9. 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 infantry duties while assigned to Companies A and D, 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division 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.
3. The applicant's service record does not contain sufficient evidence that shows he was engaged in active ground combat with the enemy while assigned to his infantry unit in Vietnam. Therefore, he has not met all of the requirements for award of the Combat Infantryman Badge.
4. The applicant's letters of support are acknowledged. However, these documents alone are insufficient as a basis to grant award of the Combat Infantryman Badge in this case.
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) AR20110010302
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ABCMR Record of Proceedings (cont) AR20110010302
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