IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110012163
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, in effect, he received the Combat Infantryman Badge for an operation he participated in along with the 1st Cavalry Division, 25th Infantry Division, and the 11th Armored Cavalry. He was in a convoy that drove into Cambodia. After the operation was over a colonel in the 11th Armored Cavalry gave him a Combat Infantryman Badge to wear on his uniform. He risked his life for his country and drove over 40,000 miles while in Vietnam. He earned this award and it would be an insult to take this award away from him.
3. The applicant provides two certificates and a newspaper article.
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's records show he was inducted into the Army of the United States on 19 September 1967 and he held military occupational specialties (MOS) 16D (Hawk Missile Crewman) and 64B (Heavy Vehicle Driver).
3. He served in Vietnam in MOS 64B from 18 August 1969 to 17 August 1970 while assigned to the 538th Transportation Company, 64th Quartermaster Battalion.
4. On 10 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 3 years, 8 months, and 22 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Combat Infantryman Badge.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge. His records do not contain orders awarding him the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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) provides 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.
8. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that 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. This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that 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 served in Vietnam in MOS 64B while assigned to a transportation company. The Combat Infantryman Badge is awarded to infantry Soldiers who held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit. There is no evidence in the available records and he did not submit any evidence that shows he held an infantry MOS or that he participated in active ground combat while assigned to an infantry unit. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.
2. Nevertheless, 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) AR20110012163
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ABCMR Record of Proceedings (cont) AR20110012163
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