IN THE CASE OF:	  

		BOARD DATE:	 5 June 2014 

		DOCKET NUMBER:  AR20130016912 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he served in Vietnam from June to December 1969 as a forward observer attached to an infantry unit.  He was in multiple combat situations during this period, but he never received the Combat Infantryman Badge.

3.  The applicant provides no documentary evidence in support of his request.

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 13 June 1968.  He was honorably discharged on 12 May 1969 to accept a commission as an officer in the U.S. Army.  He had completed 11 months of net active service this period.

3.  The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant, on 13 May 1969.  He was detailed as a field artillery officer and awarded military occupational specialty (MOS) 1193 (Field Artillery Unit Commander).

4.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

   a.  item 17 (Foreign Service):  Vietnam (22 June 1969 through 17 June 1970);

	b.  item 18 (Record of Assignments) that he served in:

* MOS 0001 (duties unassigned), Headquarters and Headquarters Battery, Division Artillery, 25th Infantry Division (25ID), on 1 July 1969
* MOS 1193 (Forward Observer (Counterinsurgency)), Battery B, 
3rd Battalion, 13th Artillery, 25ID, from 2 July 1969 through 
18 November 1969
* MOS 1193 (Assistant Executive Officer (Counterinsurgency)), 
Battery D, 3rd Battalion, 13th Artillery, 25ID, from 19 November 1969 through 15 June 1970

	c.  item 21 (Awards and Decorations) does not show the Combat Infantryman Badge.

5.  Headquarters, 25ID, General Orders Number 15291, dated 15 December 1969, awarded the applicant the Army Commendation Medal with "V" Device 
(1st Oak Leaf Cluster) for heroism in the Republic of Vietnam on 21 November 1969.  The orders show he was assigned to Battery B, 3rd Battalion, 
13th Artillery, 25ID, and serving as a forward observer attached to A Troop, 
3rd Squadron, 4th Cavalry.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
20 April 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He had completed 1 year, 11 months, and 8 days of active service this period that included 11 months and 26 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded or authorized the Combat Infantryman Badge.

7.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Paragraph 8-6 contains the regulatory guidance for the Combat Infantryman Badge.  It states 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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he performed duties in multiple combat situations as a forward observer attached to an infantry/cavalry unit while serving in Vietnam.

2.  The applicant's request for award of the Combat Infantryman Badge was carefully considered.

   a.  There are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge.

	b.  Records show the applicant was detailed as a field artillery officer, awarded MOS 1193, and he served as a forward observer in the Republic of Vietnam while assigned to Battery B, 3rd Battalion, 13th Artillery, 25ID, from 
2 July 1969 through 18 November 1969.  Records also show he served as a forward observer while attached to A Troop, 3rd Squadron, 4th Cavalry on 
21 November 1969.

	c.  The regulatory guidance governing award of the Combat Infantryman Badge that was in effect at the time is clear.  Specifically, award of the badge was limited to infantry personnel (emphasis added) who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

   d.  Therefore, in view of the foregoing, there is an insufficient evidentiary basis to support the applicant's claim to the Combat Infantryman Badge.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation during the Vietnam Conflict.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20130016912



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ABCMR Record of Proceedings (cont)                                         AR20130016912



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