IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011795 


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:

* served with Company C, 75th Battalion, 1st Infantry Brigade for 15 1/2 months in Vietnam from September 1968 to January 1969 (sic 1970)
* was honorably discharged
* proudly served his country in a time of need
* is a proud member of the American Legion Post 397 in Harahan, LA

3.  He provides 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 24 June 1968.  He completed training and he was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (MOS) he was awarded MOS 64A on 27 September 1968
* item 31 (Foreign Service) he served in Vietnam from 11 November 1968 through 25 January 1970 [actually 21 January 1970]
* item 38 (Record of Assignments) he performed duties as a Light and Heavy Vehicle Driver in MOS 64B in Vietnam 
* item 38 he was assigned to Company C, 75th Support Battalion, 1st Infantry Brigade, 5th Infantry Division
* item 41 (Awards and Decorations) no entry for award of the Combat Infantryman Badge

4.  His service record does not contain orders that show he was awarded an infantry MOS or that he was awarded the Combat Infantryman Badge.

5.  He was honorably released from active duty on 24 January 1970 as an overseas returnee.  His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) he completed 1 year, 2 months, and 13 days of foreign service in the U.S. Army Pacific (equivalent to 14 months and 13 days)
* item 23a (Specialty Number and Title) his MOS as 64A1O
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) no award of the Combat Infantryman Badge

6.  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.


7.  Additionally, U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), Appendix V, 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.  It further stated that the 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.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record shows he completed training as a Light Vehicle Driver and he was properly awarded MOS 64A.  There are no orders in the applicant's record that show he was awarded an infantry MOS.  

2.  The evidence of record shows he performed duties as a Light and Heavy Vehicle Driver in MOS 64B with Company C, 75th Support Battalion, 1st Infantry Brigade, 5th Infantry Division in Vietnam for a period of 14 months and 13 days.

3.  His honorable service from 24 June 1968 through 24 January 1970 is acknowledged.  However, this fact alone is not sufficiently mitigating to warrant award of the Combat Infantryman Badge in this case.  

4.  His statement in regard to his proud service as a member of the American Legion is commendable.  However, this issue also is not sufficiently mitigating to warrant relief in this case.  

5.  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.  However, his service record does not contain evidence that shows he met all the requirements for award of the Combat Infantryman Badge.  Therefore, there is no basis for granting his request.

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)                                         AR20110011795



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011795



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1