IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014630
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 he was awarded the Combat Infantryman Badge.
2. The applicant states he received the Bronze Star Medal as a result of his combat duty in South Vietnam.
3. The applicant provides a copy of a Bronze Star Medal Certificate and a letter from Housing, Human and Veteran Services, dated 7 July 2011.
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 was inducted into the Army of the U.S. on 12 February 1968. He was discharged for the purpose of enlisting in the Regular Army (RA) on 14 February 1968. He enlisted in the RA on 15 February 1968 and completed training as an airframe repairman. He arrived in Vietnam on 3 September 1968.
3. On 2 September 1969, the applicant departed Vietnam en-route to the U.S. After completing 3 years and 1 day of total active service, he was honorably released from active duty at the expiration of his term of service on 12 February 1971. The DD Form 214 he received shows the following awards:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge (Rifle M-14)
* Vietnam Service Medal with four bronze service stars
* two Overseas Service Bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge (Rifle M-16)
* Air Medal
* Bronze Star Medal
* Army Commendation Medal
* Aircraft Crewman Badge (Permanent)
* Good Conduct Medal
4. A review of the applicants official record does not show that he was ever awarded an infantry military occupational specialty (MOS).
5. The applicant submits a copy of his Bronze Star Medal Certificate showing he was awarded the Bronze Star Medal on 10 July 1969. He also submits a letter from the Housing, Human and Veterans Services forwarding his DD Form 149 (Application for Correction of Military Records) to the Army Review Boards Agency.
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. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 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 applicants contentions have been noted. His supporting evidence has been considered.
2. The applicants records do not show he is authorized the Combat Infantryman Badge.
3. His records show he was awarded an airframe repairman MOS. His records do not show that he was ever awarded an infantry MOS. Therefore, he is not authorized the Combat Infantryman Badge.
4. 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) AR20110014630
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ABCMR Record of Proceedings (cont) AR20110014630
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