IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130010913
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge.
2. The applicant states he served in combat in Vietnam. He never received the Combat Infantryman Badge and it is not annotated on his DD Form 214.
3. The applicant provides no additional evidence.
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 was inducted into the Army of the United States on 21 February 1967. He was honorably released from active duty on 20 February 1969. He was awarded and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. service in Vietnam with:
* Company B, 3d Battalion, 12th Infantry Regiment, as a rifleman from 7 September-21 October 1967
* Company D, 87th Infantry Regiment, as a rifleman from 22-26 October 1967
* 560th Military Police Company as a security guard from 27 October 1967-19 February 1968
* Company C, 87th Infantry Regiment, as a rifleman/automatic rifleman from 20 February-11 August 1968
b. award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14).
4. 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.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant served in an infantry MOS while assigned to infantry units of brigade, regimental, or smaller size in Vietnam, he has not provided and his records do not contain any evidence that he was personally present and under hostile fire.
2. In the absence of evidence showing he was involved in active ground combat while serving as an infantryman in an infantry unit, award of the Combat Infantryman Badge would not be appropriate.
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 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) AR20130010913
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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