BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015084
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. The applicant states he was in Vietnam for a short period of time before being medically evacuated to Japan due to an injury. He was wounded in a mortar attack and feels he deserves this badge.
3. The applicant 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's records show he was inducted into the Army of the United States and entered active duty on 20 January 1970.
3. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
4. His records show he served in Vietnam from 26 June to 13 September 1970. He was assigned to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division.
5. On 13 September 1970, he was transferred out of Vietnam to the U.S. Army Hospital at Camp Zama, Japan, in a patient status. He was later transferred to St. Albans, NY. The nature of his illness or injury is unknown. His medical records are not available and there is no indication in his records he was wounded in action.
6. He was honorably released from active duty on 3 September 1971. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Vietnam Service Medal.
7. There are no special orders that show he was awarded the Combat Infantryman Badge. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
2. The fact that the applicant held an infantry MOS and he was assigned to an infantry unit during his assignment in Vietnam is not in question; however, the evidence is not sufficient to show that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. In the absence of additional documentary evidence that specifically places him under hostile fire while serving in his assigned infantry and in an infantry MOS when the unit was actively engaged in ground combat with the enemy, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.
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) AR20130015084
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