IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013293
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 and the Pathfinder Badge.
2. The applicant states he worked hard and earned the Combat Infantryman Badge but he does not have orders for the award due to an oversight. In addition, his Pathfinder Badge is not listed on his DD Form 214.
3. The applicant provides no additional evidence.
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. Although, the applicant requested the Pathfinder Badge be added to his DD Form 214, a review of his military records shows a DD Form 215 (Correction to DD Form 214), dated 9 June 2000, added the Pathfinder Badge to his DD Form 214; therefore, this issue will not be addressed further in these proceedings. A copy of this DD Form 215 will be provided to the applicant. Additionally, the following items were added to his DD Form 214:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Pathfinder Course 5 Weeks (1970)
* Ranger Course 8 Weeks (1972)
3. After having had prior service, he enlisted in the Regular Army on 22 June 1970 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of training.
4. His DA Form 20 shows:
a. he served in Vietnam RVN from 6 January 1971 to 20 July 1971;
b. during his tour of duty in Vietnam he was assigned to Company D, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade; and
c. item 41 (Awards and Decorations) does not show the award of the Combat Infantryman Badge.
5. He was honorably discharged from active duty on 3 July 1973 upon expiration of his term of service.
6. There are no official orders in his records that show award of the Combat Infantryman Badge.
7. 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 to an infantry unit 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 record shows he served in Vietnam as a rifleman; however, there is no available evidence confirming he was actively engaged in ground combat with the enemy. There is insufficient evidence to add the Combat Infantryman Badge to his DD Form 214.
2. In view of the foregoing, his request should be denied.
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) AR20110013293
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ABCMR Record of Proceedings (cont) AR20110013293
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