IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001590
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. He states he served several months as a platoon leader in Vietnam.
3. He provides his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he was appointed as a Reserve commissioned officer in the rank of second lieutenant on 21 January 1970. He was ordered to active duty effective 26 June 1970. He was assigned to the infantry branch with a primary specialty of 1542 (Infantry Officer). On 19 November 1970, he was awarded 2110 (Adjutant or Adjutant General) as his primary specialty.
3. His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam during the period 12 July 1971 to 25 January 1972.
a. On 12 July 1971, he was assigned to Company C, 1st Battalion, 22nd Infantry, as an infantry platoon leader.
b. On 28 July 1971, he was reassigned for duty as an assistant battalion S-1 officer with Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry. He was later reassigned as a personnel officer and again as an assistant battalion S-1 officer with the same unit.
4. On 30 January 1972, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he attained the rank of first lieutenant and completed 1 year, 7 months, and 5 days of active duty service during this period. This form does not show he was awarded the Combat Infantryman Badge.
5. His personnel service record does not contain orders awarding him the Combat Infantryman Badge.
6. 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:
His DA Form 66 shows he was assigned to the infantry branch from 26 June 1970 to 18 November 1970. On 19 November 1970, he was awarded 2110 as his primary MOS. This form further shows he was assigned to an infantry platoon leader position in an infantry unit from 12 to 27 July 1971 with the remainder of his service in Vietnam assigned as a personnel officer. While the evidence shows he served in an infantry position for approximately 2 weeks, there is no evidence in the available records and he did not provide any evidence to show he personally engaged in active ground combat with enemy forces during that period. Therefore, there is insufficient evidence to show he met the eligibility criteria for 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) AR20120001590
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ABCMR Record of Proceedings (cont) AR20120001590
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