BOARD DATE:	  29 November 2012

		DOCKET NUMBER:  AR20120009235 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  He states he served in the Republic of Vietnam (RVN) from 19 October 1969 through 18 May 1971 and during this time he was assigned to various elements of the 63rd Signal Battalion.

3.  He provides his DD Form 214 and page 3 of his DA Form 20 (Enlisted Qualification Record).

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 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.  His record shows he enlisted in the Regular Army on 28 February 1969.  On 24 January 1972, he was released from active duty (REFRAD) with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he completed 2 years, 7 months, and 1 day of total active service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 provides the following pertinent information:

	a.  Item 22 (Military Occupational Specialties (MOS)) shows he was awarded secondary MOS 63B (Wheeled Vehicle Repairman) on 29 June 1969 and primary MOS 63C (Generator and Vehicle Repairman) on 13 August 1969.

	b.  Item 27 (Military Education) shows he completed training for the aforementioned MOSs in 1969.

	c.  Item 31 (Foreign Service) shows he served in the RVN from 19 October 1969 through 18 May 1971.

	d.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he served in duty MOSs 63B, 63C, and 70A (General Clerk) while assigned to various elements of the 63rd Signal Battalion.

	e.  Item 41 (Awards and Decorations) does not show award of the Combat infantryman Badge.

4.  Item 24 of his DD Form 214 does not show award of the Combat infantryman Badge.

5.  Item 25 (Education and Training Completed) of his DD Form 214 does not show he completed infantry training.

6.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size or that he ever held an infantry MOS.

7.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was ever awarded or recommended for award of the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to 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 (Awards and Decorations) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of the Combat Infantryman Badge was carefully considered.

2.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.

3.  By regulation, in order to support award of the Combat Infantryman Badge, there must be evidence that a member held in an infantry MOS while assigned to an infantry unit and that the individual was present and participated with the unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence that shows he fulfilled any of these criteria.  Accordingly, the available evidence does not support award of the Combat Infantryman Badge in this case.

4.  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)                                         AR20120009235





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120009235



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1