BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110010991
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 never received the award of the Combat Infantryman Badge.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Certificate of Achievement
* his Honorable Discharge Certificate
* a photograph of a Soldier
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. He was inducted into the Army of the United States on 26 February 1971. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. He served in the Republic of Vietnam from 4 October 1971 to 10 August 1972. He was assigned the duties of rifleman while assigned to:
* Company A, 2nd Battalion (Airmobile), 502nd Infantry from 20 November 1971 to 23 January 1972
* Company D, 17th Infantry from 24 January to 10 August 1972
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.
5. There are no orders in his military personnel records jacket (MPRJ) awarding him the Combat Infantryman Badge.
6. On 15 January 1973, he was honorably released from active duty. He completed 1 year, 10 months, and 20 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Combat Infantryman Badge.
7. The Certificate of Achievement he submitted was presented by Headquarters, 101st Airborne Division on 1 January 1972. The certificate states he rendered outstanding contributions toward the overall accomplishment of the mission of the division. However, there is no mention of combat action in the citation.
8. 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. He held MOS 11B and was assigned the duties of rifleman while he was assigned to two infantry companies in the Republic of Vietnam. However, there is no evidence of record and he did not submit any substantive evidence that shows he served in active ground combat while assigned to either of those companies.
3. In view of the foregoing, there is an insufficient evidentiary basis for awarding him 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) AR20110010991
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ABCMR Record of Proceedings (cont) AR20110010991
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