BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014294
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states the Combat Infantryman Badge should be included with the medals and awards listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 24 March 1966 and he held military occupational specialty (MOS) 11H (infantry indirect fire crewman). He served in Vietnam from 27 September 1966 through 19 September 1967. He was assigned to the 13th Security Platoon Detachment, 175th Aviation Company.
3. He was released from active duty in pay grade E-5 on 21 March 1969. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device 1960
* One Overseas Service Bar
* Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards shown 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed training and was awarded MOS 11H. He served in Vietnam from 27 September 1966 through 19 September 1967 with the 13th Security Platoon Detachment, 175th Aviation Company. There is no evidence of record and he did not provide sufficient evidence showing he served in an infantry unit and personally participated in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.
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. In the absence of orders awarding him the Combat Infantryman Badge, there is insufficient evidence to add it 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) AR20130014294
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ABCMR Record of Proceedings (cont) AR20130014294
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