IN THE CASE OF:
BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120019944
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 award of the Combat Infantryman Badge.
2. The applicant states while in Vietnam his military occupational specialty (MOS) was 63B (wheeled vehicle mechanic), but he was actually an assistant M60 machine gunner and he performed infantry duties under hostile fire.
3. The applicant provides a copy of his DD Form 214 and a witness statement.
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. The applicant's records show he enlisted in the Regular Army on 3 October 1969 and he was awarded military occupational specialty 63B upon completion of training. On 12 March 1971, he was awarded the primary MOS of 63C (Track Vehicle Mechanic).
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. he served in the Republic of Vietnam from on or about 4 August 1970 to 28 June 1971;
b. during his tour of duty in Vietnam he was assigned to Headquarters and Headquarters Company, 4th Battalion, 21st Infantry, 11th Brigade with duties as a wheeled vehicle mechanic and a general vehicle mechanic; and
c. item 41 (Awards and Decorations) does not show award of the Combat Infantryman Badge.
4. He was honorably released from active duty on 27 September 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. There are no official orders in his records that show award of the Combat Infantryman Badge.
6. He provides a witness statement from a fellow Soldier who states the applicant served as an infantryman during his tour of duty in Vietnam.
7. U.S. Army Vietnam Regulation 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/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. The applicant requests correction of his DD Form 214 to show award of the Combat Infantryman Badge.
2. The evidence of record shows he performed the duties of a vehicle mechanic while assigned to an infantry unit during his tour of duty in Vietnam; however, by regulation, in order to support award of the Combat Infantryman Badge, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit. Furthermore, the Soldier must have been personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. He does not meet the eligibility criteria for award of the Combat Infantryman Badge.
3. In view of the above, his request should be denied.
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) AR20120019944
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019944
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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