IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130005611 


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.

2.  The applicant states he was assigned to E Company, 1st Battalion, 52nd Infantry, 198th Infantry Brigade in Vietnam from January 1969 to April 1969.  His base camp was Chu Lai, Vietnam.  He saw action there and on Landing Zones Gator, Corregidor, and Professional.  His step-brother was stationed at Phu Bai with the 10st Airborne Division and they were told one of them had to leave [Vietnam]; so, his brother chose him since he was the youngest. 

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 enlisted in the Regular Army (RA) on 20 August 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) in November 1968.  

3.  His records show he served in Vietnam from on or about 29 January 1969 to on or about 27 January 1970.  He was assigned as follows:

* in MOS 11C, as a student, 23rd Administration Company (Replacement Detachment) from 1 to 12 February 1969
* in MOS 11C, as a gunner, Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, from 12 February to 28 April 1969
* in MOS 71U (Card and Tape Writer), 384th Quartermaster Detachment and then 34th Supply and Service Battalion from 29 April 1969 to 26 January 1970

4.  He was honorably discharged on 22 April 1969 for the purpose of immediate reenlistment in the RA.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars

5.  He reenlisted in the RA on 23 April 1969, while in Chu Lai, Vietnam.  

6.  On 17 October 1969, Headquarters, U.S. Army Support Command, Da Nang, published Special Orders Number 290 awarding him primary MOS (PMOS) 71U and withdrawing MOS 74B (Card and Tape Writer), effective 1 October 1969.  

7.  After serving in Germany from on or about 28 January 1971 to on or about 12 April 1972, he was honorably released from active duty on 14 April 1972.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal

8.  He enlisted in the RA on 23 August 1974.  He served in MOS 71U, 74B, and/or 76Y (Unit Supply Specialist) at Fort Campbell, KY.  He was ultimately honorably discharged as a conscientious objector on 21 December 1976.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal (2nd Award)
* two overseas service bars
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)

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

10.  His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge. 

11.  His record is void of:

* a commander's recommendation for award of the Combat Infantryman Badge
* a Staff Duty Journal showing he was personally present while his infantry unit engaged or was engaged with the enemy
* an operations report or After Action Report establishing his presence while his infantry unit engaged or was engaged with the enemy

12.  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.  

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 actively engaged in ground combat with the enemy.  Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

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)                                         AR20130005611





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ABCMR Record of Proceedings (cont)                                         AR20130005611



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