IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110021031
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 a combat unit in Vietnam and received the Purple Heart for wounds he received in combat.
3. The applicant 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's records show he enlisted in the Regular Army on 30 October 1964. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).
3. Subsequent to completion of MOS training and assignment to Fort Campbell, KY, he served in Vietnam from 8 November 1965 through 3 November 1966. He was assigned to Troop E, 17th Cavalry, as a scout observer from 13 November 1965 through 31 October 1966.
4. His record contains a casualty notification message which shows he sustained fragmentation wounds to his chin and left leg on 21 December 1965 while driving a military vehicle when a hostile mine was detonated. The message states the wound was the result of hostile action.
5. His service records do not contain orders awarding him the Combat Infantryman Badge. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the Purple Heart, but does not show award of the Combat Infantryman Badge.
6. On 27 October 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. His DD Form 214 shows award of the Purple Heart, but does not 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. 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.
2. In the applicant's case, the evidence of record shows he held an infantry MOS and was assigned to a cavalry unit. While it is true that he served as a scout observer with his cavalry unit, nothing in his records shows he was assigned or attached to an infantry unit and/or present in an infantry unit while the unit engaged in active ground combat.
3. Notwithstanding the applicant's service or the wounds he sustained in Vietnam, 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 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) AR20110021031
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ABCMR Record of Proceedings (cont) AR20110021031
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