IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020544
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 or the Combat Action Badge.
2. The applicant states he served with the 26th Engineer Battalion in Vietnam. He was one of only 8 survivors in a battle at Hill 357 in Laos. He has 100% service-connected disability compensation.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 23 August 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12A (Pioneer), on 16 December 1966.
3. He served in Vietnam in MOS 12C (Bridge Specialist), with Company E, 26th Engineer Battalion, Americal Division, from on or about 5 January 1968 to on or about 15 August 1968. He was awarded this MOS on 19 March 1968.
4. Item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows he held MOS 12C and item 27 (Military Education) shows he completed the 8-week Pioneer Course in 1966. This form does not show he was trained in or held an infantry MOS.
5. There is no indication in the applicant's records that he held an infantry MOS and/or was assigned to a line infantry unit of brigade, regimental, or smaller size during his military service.
6. He was honorably released from active duty on 14 August 1968. His
DD Form 214 shows multiple awards but does not show award of the Combat Infantryman Badge.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 (USARV) 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.
8. Army Regulation 600-8-22 also states the requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. Award of the Combat Action Bade is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict not authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Combat Infantryman Badge or the Combat Action Badge.
2. With respect to award of the Combat Infantryman Badge, the evidence of record shows that the applicant was trained in and awarded an engineer MOS following completion of training and served in that MOS in an engineer battalion in Vietnam. There is no evidence that shows he held an infantry MOS or that he was engaged in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge.
3. With respect to award of the Combat Action Badge, the evidence of record shows that the applicant served on active duty from 23 August 1966 to 14 August 1968. There is no evidence of any other period of military service. By regulation, award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized.
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) AR20120020544
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ABCMR Record of Proceedings (cont) AR20120020544
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