IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130009694
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 the award of the Combat Infantryman Badge.
2. The applicant states he did not receive a Combat Infantryman Badge due to his transfer. As battalion armorer, he was in the field under fire at the same time the rest of the unit was awarded the Combat Infantryman Badge.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 November 1967
* his DA Form 20 (Enlisted Qualification Record)
* 42 additional pages from his Army Military Human Resource Record (AMHRR)
* 2 pages of photographs
* article from the internet containing the requirements for the Combat Infantryman Badge
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. On 10 December 1965, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).
3. On 3 October 1966, he was assigned to Company E, 3rd Battalion,
47th Infantry at Fort Riley, KS as a wheel vehicle mechanic.
4. On 28 October 1966, he received a temporary appointment to specialist four in MOS 11B (Light Weapons Infantryman).
5. His DA Form 20 provides the following information in item 38 (Record of Assignments):
* in January 1967, his unit was deployed to the Republic of Vietnam, where he worked as a wheel vehicle mechanic
* on 3 June 1967, he was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 34th Artillery as a wheel vehicle mechanic
6. On 10 April 1967, he was awarded secondary MOS 11B.
7. He returned to the continental U.S. in November 1967 and on 30 November 1967 he was released from active duty. His DD Form 214 does not show he was awarded the Combat Infantryman Badge.
8. Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge.
9. There are no orders in his military personnel records jacket (MPRJ) awarding him the Combat Infantryman Badge.
10. Army Regulation 600-8-22 (Military Awards) 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. He was assigned to Company E, 3rd Battalion, 47th Infantry at Fort Riley, KS in MOS 63B. Although he was promoted to specialist four in MOS 11B on
26 October 1966 his records show, and he acknowledges, that he did not serve as an infantryman. There is no evidence of record and he did not submit any substantive evidence that shows he served in active ground combat as an infantryman while assigned to this company.
2. In view of the foregoing, there is an insufficient evidentiary basis for awarding him the Combat Infantryman Badge in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130009694
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ABCMR Record of Proceedings (cont) AR20130009694
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