IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013014
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 Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was assigned to Company E, 50th Infantry Regiment. He served in Vietnam from 25 August 1971 through 1 November 1971, as an ammunition bearer in military occupational specialty (MOS) 11B (light weapons infantryman), with direct combat with enemy forces. He believes his separation record should accurately reflect that service and that he be awarded the Combat Infantryman Badge.
3. The applicant provides copies of his 1970 enlistment contract, 1971 assignment orders, DA Form 20 (Enlisted Qualification Record), DD Form 214, and U.S. Army Reserve discharge orders.
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 14 September 1970 and he held MOS 76U (communications electronic repairman). He served in Vietnam from 18 August 1971 through 27 March 1972.
3. He was honorably released from active duty in pay grade E-4 on 15 June 1973. He completed 2 years, 9 months, and 2 days of net active service. His DD Form 214 lists the Vietnam Service Medal, Vietnam Campaign Medal, National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
4. His DA Form 20 shows in:
* Item 38 (Record of Assignments) he served in Vietnam in the following MOSs and units:
* 11B from 25 August to 31 October 1971 with Company E, 50th Infantry
* 76U from 1 November to 7 December 1971 with Headquarters and Headquarters Company, 5th Transportation Command
* 76U from 8 December 1971 to 26 March 1972 with the 544th Transportation Company
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214
5. There are no orders in his personnel records authorizing or awarding him the Combat Infantryman Badge during his period of service in Vietnam.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.
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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 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. The applicant completed training and was awarded MOS 76U. He served in Vietnam in MOS 11B from 25 August to 31 October 1971 with Company E, 50th Infantry. However, there is no evidence of record and he did not provide sufficient evidence showing he served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam or that he held an infantry MOS.
2. To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned or attached to this infantry unit during his period of service in Vietnam.
3. All Soldiers were provided basic combat skills training after they entered the Army. This was provided to ensure that all Soldiers had the survival skills to perform basic infantry missions when the need arose. Therefore, the exigencies of combat required non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers were trained to do; however, it is not a basis for the award of the Combat Infantryman Badge. Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.
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) AR20130013014
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ABCMR Record of Proceedings (cont) AR20130013014
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