IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20110024772
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 correction of his records to show award of Combat Infantryman Badge.
2. The applicant states he served as an infantryman in Vietnam.
3. The applicant provides no additional evidence in support of his request.
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 was inducted into the Army of the United States for a period of 24 months on 16 January 1970. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) that he served in:
(1) duty MOS 11B (Rifleman) with Company B, 2nd Battalion, 27th Infantry, 25th Infantry Division, from 20 June through 10 July 1970;
(2) duty MOS 11B (Rifleman) with Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division, from 11 July through 27 November 1970; and
(3) duty MOS 11B (Rifleman) with Troop C (Air), 16th Cavalry, from 28 November 1970 through 25 April 1971;
b. item 38 that he departed Vietnam on 26 April 1971; and
c. item 41 (Awards and Decorations) no Combat Infantryman Badge.
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 7 October 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
a. He completed 1 year, 8 months, and 22 days of active service that included 10 months and 23 days of foreign service.
b. He was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It 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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim to the Combat Infantryman Badge was carefully considered.
a. The applicant served in duty MOS 11B as a rifleman in the Republic of Vietnam while assigned to Company B, 2nd Battalion, 27th Infantry, from 20 June through 10 July 1970 and with Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division, from 11 July through 27 November 1970.
b. There is no evidence his unit was engaged in active ground combat or that he actively participated in ground combat during the period of his assignment.
c. There are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.
d. In view of the foregoing, there is insufficient evidence to support the applicant's claim to the Combat Infantryman Badge.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110024772
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ABCMR Record of Proceedings (cont) AR20110024772
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