IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006454
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 served in Vietnam with an infantry unit and he held an infantry specialty with the airborne identifier, from 9 March to 27 July 1970. He was awarded the Bronze Star Medal for engagement with a hostile force. The omission of the Combat Infantryman Badge is an oversight.
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 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 27 January 1969. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He also completed the Basic Airborne Course on 31 October 1969.
4. His records show he served in Vietnam from 9 March to 27 July 1970. He was assigned to Company B, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade in MOS 11B and he performed the principal duties of a team leader.
5. The applicant had been awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force, and the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force.
6. He was honorably released from active duty in the rank/grade of sergeant/E-5 on 1 February 1971. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, Bronze Star Medal, and Army Commendation Medal.
7. There are no special orders that show he was awarded the Combat Infantryman Badge. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.
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.
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 with an infantry unit is not in question. However, there is insufficient 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.
3. The applicants Bronze Star Medal and Army Commendation Medal orders do not say he engaged with a hostile force. They were awarded for service/achievement in connection with ground operations against a hostile force, which could cover anything from actual engagement against the enemy to behind-the-lines planning of ground operations.
4. In the absence of additional documentary evidence in the form of an operation report, after action report, company commander/company first sergeant statements, or other evidence that specifically place him under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy, 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) AR20130006454
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ABCMR Record of Proceedings (cont) AR20130006454
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