IN THE CASE OF:	  

		BOARD DATE:  20 August 2013

		DOCKET NUMBER:  AR20130000749 


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 add the Combat Infantryman Badge.

2.  The applicant states he enlisted as an 11B (Light Weapons Infantryman).  His original DD Form 214 was destroyed and when a replacement was requested, the Combat Infantryman Badge is no longer shown.  The badge was listed on the original DD Form 214.  He held an infantry military occupational specialty (MOS) and served in Vietnam for a year.  He encountered many battles and firefights.  Two of these battles are detailed in his statement in support of Department of Veterans Affairs (VA) Claim for service-connected post-traumatic stress disorder (PTSD).

3.  The applicant provides:

* Letter from the North Carolina Department of Administration
* VA Form 21-0781 (Statement in Support of Claim for Service Connection for PTSD)
* DD Form 214
* Honorable Discharge Certificate 

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 enlisted in the Regular Army on 17 April 1970 for a period of
3 years.  He completed basic and advanced individual training and he was awarded MOS 11D (Armor Reconnaissance Specialist).

3.  Following completion of MOS training, he served in Vietnam from
13 September 1970 to 9 September 1971.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows he was assigned as follows:

* 24 September through 22 October 1970 with Company C, 2nd Battalion, 8th Infantry, 4th Infantry Division in duty MOS 11B, rifleman
* 23 October 1970 through 31 December 1971 with the 528th Maintenance Company in duty MOS 11D, excess personnel
* 1 January to 9 September 1971 with Company D, 58th Infantry in duty MOS 11D, armor reconnaissance specialist

4.  On 26 November 1971, he was released from active duty.  He completed
1 year, 7 months, and 10 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  There is no evidence of record and he did not provide any evidence that shows orders were issued awarding him the Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge.

7.  He submits two VA Forms 21-0781 wherein he self-describes his involvement in an ambush as well as a firefight with the enemy in Vietnam.

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 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) 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.  The applicant's sincerity and service in Vietnam in an infantry MOS is not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was engaged in active ground combat with the enemy.

3.  In the absence of orders or substantiating evidence in the form of an after action report, operations orders, valor award citing a specific action, declassified 

mission reports, or other documentary evidence corroborating the firefight and ambush he was involved in, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130000749



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ABCMR Record of Proceedings (cont)                                         AR20130000749



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