IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001902 


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 it is his contention that having served in combat in Vietnam as a radioman he should have been awarded a Combat Infantryman Badge.  

3.  The applicant provides no additional evidence.

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 31 March 1966 and he held military occupational specialty (MOS) 36K (Field Wireman).  
3.  He served in Vietnam in MOS 36K as a wireman while assigned as follows:

* 13 December 1966 - 8 May 1967, 2nd Battalion, 394th Infantry Regiment
* 9 May - 12 December 1967, 2nd Battalion, 22nd Infantry Regiment

4.  He was honorably released from active duty on 29 March 1968 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 29 days of creditable active service.

5.  His DD Form 214 does not show award of the Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.  His records do not contain orders awarding him the Combat Infantryman Badge.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal that the applicant was awarded the Combat Infantryman Badge.

8.  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.

9.  U.S. Army Vietnam Regulation (USARV) 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.  

10.  USARV 672-1 also states certain positions are considered infantry positions for which the Combat Infantryman Badge is normally authorized.  Among them is a Radio/Telephone Operator if the primary duty is to accompany infantry or infantry-type units on tactical operations. 

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  USARV 672-1 also states certain positions are considered infantry positions for which the Combat Infantryman Badge is normally authorized.  Among them is a Radio/Telephone Operator if the primary duty is to accompany infantry or infantry-type units on tactical operations. 

3.  The applicant's service in Vietnam while assigned to an infantry unit is not in question.  However, there is no evidence in the available records and he did not submit any evidence that shows he held an infantry MOS and participated in active ground combat while assigned to an infantry unit or that he served as a Radio/Telephone Operator with the primary duty to accompany infantry or infantry-type units on tactical operations.  Therefore, 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)                                         AR20120001902



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ABCMR Record of Proceedings (cont)                                         AR20120001902



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