IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012238
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. He states:
a. He was never issued a Combat Infantryman Badge for his actions during the 1968 Tet Offensive campaign.
b. He was qualified to operate a M-60 machine gun after he completed advanced individual training and being awarded military occupational specialty 11B10 (Light Weapons Infantryman).
c. He worked in MOS 11B and defended the perimeter of the Tan Son Nhut airbase along with U.S. infantry as well as the Army of the Republic of Vietnam units.
d. He was told by his commanding officer that members of his unit were being recommended for award of Combat Infantryman Badge and other decorations, so he took him at his word.
e. It has been 45 years and he's applying for this badge now because he never had time to deal with it after his return to civilian life. He was trying to figure out what to do and making a life for himself and his family.
3. He provides a self-authored statement and photographs.
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 31 August 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 22 (MOSs) he was awarded primary MOS 73C (Distribution/Examination Specialist) on 10 April 1967
* Item 31 (Foreign Service) he served in Vietnam from 29 July 1967 through 16 April 1969
* Item 38 (Record of Assignments) he performed duties as a Voucher Examination Specialist in duty MOS 73C2O during his tour in Vietnam
* Item 38 he was assigned to the 10th, 24th, and 7th Finance Section
* Item 41 (Awards and Decorations) no entry for the Combat Infantryman Badge
4. His service record does not contain orders showing he was awarded the Combat Infantryman Badge.
5. He was honorably released from active duty on 17 April 1969. His DD Form 214 doesn't show he was awarded or authorized the Combat Infantryman Badge.
6. He provided a self-authored statement in which he states he would like orders authorizing him the Combat Infantryman Badge. The issuance of the pin and badge would be appreciated because they were not issued to him. He mentioned members of his unit and friends were awarded the Purple Heart and Bronze Star Medal and even a company clerk received a Bronze Star Medal. He's not trying to pass himself as a hero, but he just wants what he earned.
7. 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. The applicant's service record shows he completed training as a Distribution/Examination Specialist and he was awarded MOS 73C. There are no orders in the applicant's record that show he was awarded an infantry MOS.
2. The evidence of record shows he performed duties as a Voucher Examination Specialist in MOS 73C with 10th, 24th, and 7th Finance Section in Vietnam.
3. During the Tet Offensive he very well may have temporarily performed infantryman-type duties; however, based on Army Regulation 600-8-22 award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.
4. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy. However, his service record does not contain evidence that shows he met all the requirements for award of the Combat Infantryman Badge. Therefore, there is no basis for granting his request.
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) AR20130012238
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ABCMR Record of Proceedings (cont) AR20130012238
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