BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110023239 


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 and Air Medal
* Correction of his DD Form 214 (Report of Separation from Active Duty) to show these awards
* Correction of his DD Form 214 to show his military occupational specialty (MOS) as 11B (Light Weapons Infantryman) vice 94B (Food Service Specialist 

2.  The applicant states he served in the Army for 7 years and 9 months and he served in Vietnam for 29 months.  When he arrived in Vietnam, he was informed there were too many cooks and was asked if he wanted to transfer to an infantry unit.  A week later, he was sent to 6 weeks training in Vietnam.  When he completed the training, he was assigned to an infantry unit and performed duties as an 11B from December 1968 to June 1969.  He feels he deserves the appropriate MOS change, Combat Infantryman Badge, and the Air Medal.

3.  The applicant provides his DD Form 214, two certificates, and 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 enlisted in the Regular Army (RA) on 12 March 1968.  He completed basic combat training at Fort Bragg, NC and advanced individual training (AIT) at Fort Dix, NJ.  Upon completion of AIT, he was awarded MOS 94B on 12 July 1968.

3.  He served in Vietnam as follows:

* 8 January through 2 July 1969, assigned to the 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division, in duty MOS (DMOS) 94B
* 3 July through 20 August 1969, assigned to the 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, in DMOS 94B

4.  General Orders Number 7745, dated 27 June 1969, issued by Headquarters, 9th Infantry Division, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in Vietnam on 19 May 1969 while serving as a machine gunner with the 3rd Battalion, 47th Infantry.

5.  He was honorably discharged on 28 December 1969 for the purpose of immediate reenlistment.  He completed 1 year, 9 months, and 16 days of creditable active service during this period of service.

6.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows his MOS as 94B.  It does not show award of the Combat Infantryman Badge or the Air Medal.

7.  He reenlisted in the RA on 29 December 1969.  He served in Vietnam as follows:

* 8 February 1970 through 14 April 1971, assigned to Headquarters and Headquarters Company, 80th General Support Group, in DMOS 94B
* 15 April through 26 April 1971, assigned to the 277th Service and Support Battalion, in DMOS 94B
* 27 April through 21 September 1971, assigned to the 544th Transportation Company, in DMOS 64B (Heavy Vehicle Driver)

8.  He was honorably discharged from active duty on 5 December 1975.  He completed 5 years, 11 months, and 6 days of creditable active service during this period of service for a total of 7 year, 8 months, and 22 days.

9.  The DD Form 214 he was issued for this period of service shows his primary MOS (PMOS) as 94B and secondary MOS (SMOS) as 57H (Cargo Handler).  It does not show award of the Combat Infantryman Badge or the Air Medal.

10.  There are no orders in his records showing award of the Combat Infantryman Badge or Air Medal.  

11.  His DA Form 20 (Enlisted Qualification Record) shows the following in:

* Item 22 (MOS) his PMOS as 94B, awarded 12 July 1968 and SMOS as 57H, awarded 20 August 1970
* Item 27 (Military Education) does not show he attended an infantry school 
* Item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge or the Air Medal.

12.  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 orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Combat Infantryman Badge or Air Medal pertaining to the applicant.

13.  The applicant provides an undated statement of support, wherein a former Solder stated he and the applicant were assigned to the same infantry unit in Vietnam in 1969 and they fought side by side in combat.  He also provides a second statement of support, dated 6 April 2011, wherein a former commander stated the applicant served in his platoon in Vietnam in 1969 and he performed the duties of an infantryman.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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.
15.  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/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.

16.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his MOS should be changed to 11B and he should be awarded the Combat Infantryman Badge and the Air Medal.

2.  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.

3.  The applicant's service in Vietnam and assignment to an infantry unit are not in question.  However, the evidence of record shows the applicant's MOS was 94B.  Although he actively participated and performed heroically in active ground combat, nothing in his records shows that he did so as an infantryman, was ever recommended for, school trained in, or awarded the MOS of 11B.  Therefore, there is insufficient evidence upon which to base award of MOS 11B as well as the Combat Infantryman Badge in this case.

4.  With respect to the Air Medal, there is no evidence that he was awarded the Air Medal.  Although award of the Air Medal is not restricted to a certain MOS, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Air Medal).  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Air Medal.  Therefore, he is not entitled to the requested relief.

5.  The applicant and all others should know that this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms and his heroism in action.

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)                                         AR20110023239





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ABCMR Record of Proceedings (cont)                                         AR20110023239



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