IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110021399
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 with the 2nd Battalion, 14th Infantry, and the 2nd Battalion, 1st Infantry, in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and MOS 11C (Indirect Fire Infantryman). He was very proud of his service. He was in firefights with mortar, rocket, and sniper fire, and was on a small fire support base that was nearly overrun. He also received a small piece of shrapnel in his left calf. He was always proud of having a Combat Infantryman Badge, but now he realizes it was never awarded.
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 was inducted into the Army of the United States on 21 January 1970 and he held MOS 11C. He served in Vietnam while assigned as follows:
* 18 June to 10 November 1970 2nd Battalion, 14th Infantry Regiment
* 11 to 13 November 1970 23rd Administrative Replacement Detachment
* 14 November to 19 May 1971 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade
3. He was honorably released from active duty on 13 October 1971 and transferred to the U.S. Army Reserve. He completed 1 year and 8 months of active service.
4. His DD Form 214 does not show award of the Combat Infantryman Badge. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
5. There are no orders in his records showing award of the Combat Infantryman Badge.
6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Combat Infantryman Badge pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides that 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 Regulation 672-1 (Decorations and Awards) provided that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C,11D, 11F, 11G, or 11H during the Vietnam era.
8. U.S. Army Vietnam Regulation 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is 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 and to enlisted and warrant officer persons who held an infantry 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. 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.
2. While the applicant's service in Vietnam in an infantry MOS is not in question, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. In the absence of evidence that conclusively shows he actively participated in ground combat, regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.
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) AR20110021399
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021399
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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