IN THE CASE OF:	  

		BOARD DATE:  2 August 2012

		DOCKET NUMBER:  AR20120001598 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of Combat Infantryman Badge.

2.  The applicant states he served in combat with Company A, 2nd Battalion, 319th Field Artillery in the Republic of Vietnam (RVN).  He received the Combat Infantryman Badge; however, it is not recorded on his separation document.

3.  The applicant provides no additional documentary 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 enlisted in the Regular Army on 8 November 1966 for a period of 3 years.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (Military Occupational Specialties (MOS)):  primary MOS 05B2P (Intermediate Speed Radio Operator) awarded 28 April 1967;

	b.  item 31 (Foreign Service):  Vietnam from 3 December 1967 through
2 December 1968;
	
	c.  item 38 (Record of Assignments):

		(1)  he was assigned to Battery A, 2nd Howitzer Battalion (Airborne), 319th Artillery, 101st Airborne Division, and served in:

			(a)  duty MOS 05C2P (Radio Operator) from 5 December 1967 through 11 February 1968;

			(b)  duty MOS 13E2P (Chart Operator) from 12 February through
30 June 1968;

			(c)  duty MOS 13A1P (Cannoneer) from 1 through 4 July 1968; and

		(2)  he was assigned to Headquarters and Headquarters Battery,
2nd Howitzer Battalion (Airborne), 319th Artillery, 101st Air Cavalry Division, from 5 July through 29 November 1968 and served in duty MOS 13A1P (Cannoneer).

	d.  item 41 (Awards and Decorations) does not list the Combat Infantryman Badge.

4.  The applicant was honorably released from active duty on 17 November 1969 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows:

	a.  He completed 3 years and 4 days of total active service that included
1 year of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the Combat Infantryman Badge.


5.  The applicant's military personnel record failed to reveal any evidence and the applicant did not provide any evidence that shows he was awarded 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 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.

7.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, provided for award of the Combat Infantryman Badge.

	a.  Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

	b.  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.

2.  The evidence of record shows the applicant was awarded primary MOS 05B2P.

	a.  While in the RVN he was assigned to the 2nd Howitzer Battalion (Airborne), 319th Artillery, and served in duty MOSs 05C2P, 13E2P, and 13A1P.

	b.  There is no evidence that the applicant's primary duty was as an advisor to accompany infantry or infantry-type units on tactical operations as a radio operator.

	c.  There are no orders or other evidence in the applicant's military service record that shows he was awarded the Combat Infantryman Badge.

	d.  Based on his MOS and units of assignment, he was not eligible for the Combat Infantryman Badge.
3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120001598



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ABCMR Record of Proceedings (cont)                                         AR20120001598



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