IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012066 


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, through his Member of Congress, award of the Combat Infantryman Badge. 

2.  The applicant states:

* Officials at the U.S. Army Human Resources Command (HRC) deferred the decision to award him and his platoon the Combat Infantryman Badge to this Board
* HRC officials erred in that they stated the 765th Security Platoon may have held an infantry specialty but was not an infantry unit
* The facts that the platoon was not an infantry unit has nothing to do with the issue of the Combat Infantryman Badge
* Several Soldiers whose names are listed on the Wall website were issued the badge but do not necessarily have the word infantry in their units
* The platoon was involved in direct firefights with the enemy, including an averted ground attack on an airfield, mortar attacks, and a number of small arms fire 

3.  The applicant provides:

* Multiple correspondence to and from his Member of Congress
* A listing of names on the Wall who received the Combat Infantryman Badge
* Letter from HRC to his Member of Congress
* Printouts from the Virtual Wall - Vietnam Veterans Memorial
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 appears to be requesting award of the Combat Infantryman Badge on behalf of the 765th Security Platoon. 

	a.  Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR’s jurisdiction under Title 10, U.S. Code, section 1552 extends to any military record of the Department of the Army.  Usually applicants are Soldiers or former Soldiers of the Active Army, the U.S. Army Reserve, and in certain cases, the Army National Guard of the United States and other military and civilian individuals affected by an Army military record.  Requests are personal to the applicant and relate to military records. 

	b.  An applicant with a proper interest may request correction of another person’s military records when that person is incapable of acting on his or her own behalf, missing, or deceased.  Depending on the circumstances, a child, spouse, parent, or other close relative, heir, or legal representative (such as a guardian or executor) of the soldier or former soldier may be able to demonstrate a proper interest.  Applicants must send proof of proper interest with the application when requesting correction of another person’s military records. 

	c.  The applicant in this case did not submit any evidence to show he is an authorized representative of the entire platoon.  As such, only his personal and individual request will be considered by the Board.



3.  The applicant's records show he was inducted into the Army of the United States on 2 August 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

4.  He served in Vietnam from on or about 26 December 1965 to 29 December 1966.  He was assigned to the 765th Security Platoon, under the command and control of the 765th Transportation Battalion.  

5.  He was honorably released from active duty on 1 August 1967.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star

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

7.  On 2 April 2012, by letter to his Member of Congress, an official at the Awards and Decorations Branch, HRC, Fort Knox, KY stated:

	a.  This letter was a response to the applicant's request for an explanation why Soldiers of the 765th Security Platoon were not awarded the Combat Infantryman Badge.  

	b.  The Awards and Decorations Branch is unable to act upon his request.  The ABCMR has previously dealt with this matter and determined that although the Soldiers may have held an infantry specialty, the 765th was not an infantry unit that eliminates their eligibility to receive this badge.   

	c.  The Combat Infantryman Badge is awarded to those who were infantrymen, assigned or attached to an infantry, Ranger, or Special Forces unit of brigade or smaller size, and satisfactorily participate while the unit is actively engaged in ground combat with the enemy. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  It 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.  

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  It 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."  It 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/military occupational specialty 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.

DISCUSSION AND CONCLUSIONS:

1.  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.  

2.  The applicant's MOS and service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows (1) he was assigned or attached to an infantry unit of brigade, regimental or smaller size and/or (2) he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. 

3.  He describes the platoon as one that performed security duties (e.g., averting a ground attack on an airfield), not infantry duties (i.e., closing with and destroying the enemy and seizing and holding terrain).

4.  Therefore, there is an insufficient evidentiary basis upon which to award him 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20120012066





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ABCMR Record of Proceedings (cont)                                         AR20120012066



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