IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110021478 


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 was involved in boots on the ground combat operations in Vietnam from October 1967 to January 1968, while assigned to Company C, 3rd Battalion, 506th Infantry.  He was also wounded in combat and awarded the Purple Heart.  

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Statement from a former unit member, now a retired first sergeant (1SG)
* Letter from the Department of Veterans Affairs (VA)
* Multiple photographs of Soldiers
* Letter from the Combat Infantryman's Association, Inc

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 10 March 1964.  He completed the training requirements and he was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).

3.  He served in the Dominican Republic from 30 April to 30 May 1965.  He was assigned to the 2nd battalion, 321st Artillery, based out of Fort Bragg, NC.

4.  He was honorably discharged on 28 November 1965 for the purpose of immediate enlistment in the Regular Army.  He subsequently executed a 4-year enlistment on 29 November 1964.  

5.  He served in Vietnam from 3 October 1967 to 3 September 1968.  He was assigned as follows:

* Company C, 3rd Battalion, 506th Infantry, from 31 October 1967 to 22 January 1968, in MOS 36C (Wire Team Chief)
* 22 January to 30 March 1968, patient status at the Military Hospital, Camp Zama, Japan
* 31 March to 31 August 1967, Flight Detachment, U.S. Army Vietnam, in MOS 71P (Flight Operations Controller)

6.  He was honorably released from active duty on 28 November 1969.  His 
DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal
* Purple Heart
* Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  There is no indication in the applicant's records that he was trained in, awarded, or held an infantry MOS.

8.  He provides a letter, dated 9 Mach 2010, detailing his VA benefits, and multiple photographs of Soldiers.  He also provides:

	a.  A statement, dated 18 November 2004, from his former platoon sergeant (now retired 1SG) who states the applicant served as a communications noncommissioned officer for the company from October 1967 to January 1968.  He was involved in multiple operations and he sustained multiple injuries during an accidental explosion that took the lives of two other Soldiers. 

	b.  A letter, dated 13 October 2011, from the Combat Infantrymen's Association, Inc, in relation to the requirements for membership on the association.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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) provides 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.

10.  U.S. Army Vietnam Regulation Number 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 have 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.  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 award of the Combat Infantryman Badge.  

2.  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.

3.  The applicant in this case initially held an artillery MOS and he served in the Dominican Republic in artillery unit.  He later served in Vietnam in a communications MOS prior to his injury and an aviation MOS after the injury.  Although he was assigned to an infantry unit, he did so in a communication MOS. There is no evidence in the available records and he did not submit any evidence that shows he held an infantry MOS.  

4.  Regretfully, in the absence of conclusive evidence that the applicant held an infantry MOS and actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge 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)                                         AR20110021478



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ABCMR Record of Proceedings (cont)                                         AR20110021478



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