BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013249
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 he never received the Combat Infantryman Badge. He currently has the Bronze Star Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and National Defense Service Medal.
3. He 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 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 3 December 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (Military Occupational Specialties (MOSs)) he was awarded MOS 63B (Wheeled Vehicle Mechanic) on 11 April 1969 and MOS 63C (General Vehicle Mechanic) on 19 May [1969].
b. Item 31 (Foreign Service) he served in Vietnam from 14 July 1969 through 13 July 1970 and in Germany from 31 August 1970 through 23 November 1971.
c. Item 38 (Record of Assignments) he performed duties as a Track Vehicle Mechanic in duty MOS 63C2O and as a Vehicle Crewman in MOS 63C2O during his tour in Vietnam.
d. Item 38 he was assigned to Headquarters and Headquarters Troop (HHT), 3rd Squadron, 5th Cavalry, 1st Brigade, 5th Infantry Division; and HHT, 3rd Squadron, 5th Cavalry, 1st Brigade, 9th Infantry Division in Vietnam.
e. 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 11 December 1971. His DD Form 214 doesn't show he was awarded or authorized the Combat Infantryman Badge.
6. 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 Wheeled Vehicle Mechanic and General Vehicle Mechanic and he was awarded MOSs 63B and 63C. 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 Track Vehicle Mechanic and a Vehicle Crewman in Vietnam.
3. 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) AR20130013249
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ABCMR Record of Proceedings (cont) AR20130013249
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