BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110019906 


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 served in Vietnam as an infantryman and as a tank commander and he was involved in direct combat operations. 

3.  The applicant provides two statements of support. 

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's records show he was inducted into the Army of the United States on 14 May 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  
3.  On 20 October 1969, Headquarters, 1st Armored Division, Fort Hood, TX, published Special Orders Number 275 reassigning him to the 2nd Battalion, 81st Armor, in MOS 11B (Light Weapons Infantryman). 

4.  On 6 December 1969, Headquarters, 1st Armored Division, Fort Hood, TX, published Special Orders Number 317 awarding him MOS 11E (Armor Crewman) and withdrawing MOS 11B, effective 2 December 1969.

5.  Subsequent to completion of MOS training and assignment to Fort Hood, TX, he served in Vietnam from 28 April 1970 to 3 April 1971.  He was assigned as follows:

* C Troop, 1st Squadron, 11th Armored Cavalry Regiment (ACR), from 4 May to 11 October 1970, as a rifleman
* C Troop, 1st Squadron, 11th ACR, from 12 October 1970 to 13 January 1971, as a tank driver
* C Troop, 1st Squadron, 11th ACR, from 14 January 1971 to 13 February 1971, as a tank commander
* 23rd Administrative Replacement Detachment, from 14 to 22 February 1971, as a student
* F Troop, 17th Cavalry, from 22 February to 30 March 1971, as a squad leader

6.  On 16 September 1970, while Vietnam, Headquarters, 1st Squadron, 11th ACR, published Special Orders Number 243 withdrawing primary MOS (PMOS) 11B and awarding him PMOS 11E.  There is no evidence of record to show he had been re-awarded MOS 11B between 6 December 1969 and 16 September 1970.

7.  His service records do not contain official orders awarding him the Combat Infantryman Badge.  Additionally, Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge.

8.  On 4 April 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Combat Infantryman badge.

9.  He submits:

	a.  A statement, dated 27 July 2011, from a retired colonel who was the commander of C Troop, 1st Squadron, 11th ACR from April 1970 to August 1970.  He explains the weapon systems employed by the unit at the time and chronicles daily fire fights at their base camp.  He also recounts many of the wounded and dead.

	b.  An undated statement from a unit member who was wounded in combat in Vietnam while assigned to the same unit, who states that the unit was involved in combat in Vietnam and that the applicant was a part of the involvement.

10.  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.

11.  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/military occupational specialty 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.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, but it is not a basis for the award of the Combat Infantryman Badge.

2.  No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantry.  To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years.

3.  There are 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.

4.  In the applicant's case, the evidence of record shows he held an armor MOS and he was assigned to armor, cavalry, or an administrative unit.  While it is true he served as an infantryman with his armor unit, nothing in his records shows he was assigned or attached to an infantry unit and/or he was actively present while his infantry unit engaged in active ground combat.  

5.  Notwithstanding the authors' service in Vietnam, their sincerity, and their supporting statements, regretfully, the criteria for award of the Combat Infantryman Badge has not been satisfied in this case.

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)                                         AR20110019906





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ABCMR Record of Proceedings (cont)                                         AR20110019906



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