IN THE CASE OF:	  

		BOARD DATE:	    30 July 2013

		DOCKET NUMBER:  AR20130000421 


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 the Combat Infantryman Badge. 

2.  The applicant states he served in Vietnam from April 1970 to February 1971 with the 199th Infantry Brigade in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was transferred to the 52nd Infantry, 716th Military Police Battalion, 25th Infantry Division, from 30 December 1970 to 
22 February 1971.  In December 1970, he participated in an unnamed campaign. When he returned to Fort Ord, CA, he was issued his Combat Infantryman Badge but it is not reflected on his DD Form 214.  He believes the Combat Infantryman Badge should have been listed on his DD Form 214 since he was/served as an infantryman in combat and participated in a campaign.  

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Department of Veterans Affairs rating decision

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 enlisted in the Regular Army on 3 November 1969.  He completed basic combat and advanced individual training at Fort Ord, CA, and he was awarded MOS 11C.

3.  His records show he served in Vietnam from 27 May 1970 to 30 March 1971.  He was assigned as follows:

* Ammunition Bearer, from 8 June to 23 December 1970, Company E, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade
* Security Guard, from 30 December 1970 to 28 March 1971, Company C, 52nd Infantry, 716th Military Police Battalion

4.  He was honorably released from active duty on 31 August 1971.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

5.  There are no special orders that show he was awarded the Combat Infantryman Badge.

6.  His DA Form 20 does not show he was awarded or authorized the Combat Infantryman Badge.   

7.  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 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.  

8.  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 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.

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.  There is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the Combat Infantryman Badge.  His records do not show an entry for this award and he did not provide any orders supporting his contention.  

3.  The applicant's sincerity and service in Vietnam in an infantry MOS is not in question.  However, campaign participation is insufficient by itself to support award of the Combat Infantryman Badge.  The key criterion for this award has not been satisfied in the applicant's case.  There is no evidence the applicant 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.  Therefore, there is insufficient evidence upon which to add this badge to his DD Form 214.

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)                                         AR20130000421





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000421



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1