IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010913 


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.  The applicant states he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam and was assigned to Company B, 2nd Battalion, 501st Parachute Infantry Regiment.  He was awarded the Air Medal and Republic of Vietnam (RVN) Campaign Medal.

	a.  In February 1971, the regiment participated in Operation Lam Son 719 and supported South Vietnamese soldiers of the Army of the Republic of Vietnam (ARVN), 1st Infantry Division, attack on enemy forces in Laos.

	b.  From April to August 1971, the regiment participated in Operation Lam Son 720 and supported South Vietnamese forces in the invasion of the A Shau Valley.

3.  The applicant provides a 1-page unit history and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted into the Army of the United States on 13 August 1970.  He was awarded MOS 11B on 17 December 1970.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified as –

* Marksman with the M-16 automatic rifle on 24 September 1970
* First Class [Sharpshooter] with the grenade on 25 September 1970
* Expert with the M-16 automatic rifle on 6 November 1970
* Sharpshooter with the M-60 machine gun on 10 November 1970

	b.  item 31 (Foreign Service) – RVN from 12 January to on or about 15 December 1971;

	c.  item 38 (Record of Assignments) – duty MOS 11B as a rifleman while assigned to Company B, 2nd Battalion (Airmobile), 501st Infantry, from 25 January through 14 December 1971; and

	d.  item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, one overseas service bar, and Air Medal.

4.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 5689, dated 8 July 1971, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the RVN from 1 November 1970 to 4 June 1971.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 15 February 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 6 months, and 3 days of net active service that included 11 months and 8 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, RVN Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-60) Bar, First Class Marksmanship Qualification Badge with Hand Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, two overseas service bars, Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar, and Air Medal.

6.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Combat Infantryman Badge.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for any additional individual awards pertaining to the applicant.

8.  In support of his application, the applicant provides a 1-page unit history of the 2nd Battalion, 501st Infantry (Airmobile) from the Internet website www.b2501airborne.com.

	a.  It shows that during Operation Lam Son 719, the 101st Airborne Division (Airmobile) supported South Vietnamese forces in their attack across the Laotian border.  The operation began on 8 February as the aviation units airlifted South Vietnamese troops into Laos.  The operation ended on 9 April 1971.

	b.  It also shows that during Operation Lam Son 720, the 101st Airborne Division (Airmobile) supported South Vietnamese soldiers of the ARVN, 1st Infantry Division, in their invasion of the A Shau Valley to cut enemy supply lines.  The operation began in April and ended in August 1971.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he met the requirements for award of the Combat Infantryman Badge was carefully considered.

	a.  The applicant served in duty MOS 11B as a rifleman while assigned to Company B, 2nd Battalion (Airmobile), 501st Infantry, in the RVN from 25 January through 14 December 1971.

	b.  He was awarded the Air Medal for meritorious achievement while participating in aerial flight during his service in the RVN through 4 June 1971.

	c.  There is no evidence that his unit was engaged in active ground combat or that he actively participated in ground combat.

2.  In view of the foregoing, there is insufficient evidence to support the applicant's claim to the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20100028450



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ABCMR Record of Proceedings (cont)                                         AR20110010913



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