IN THE CASE OF:
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130019142
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 was supposed to receive the Combat Infantryman Badge for being under hostile fire in action while serving in the Republic of Vietnam (RVN). However, the Combat Infantryman Badge is not recorded in his military records.
3. The applicant provides a copy of 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 was inducted into the Army of the United States on 14 February 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 22 (Military Occupational Specialty [MOS]), he was awarded MOS 94B (Cook) on 14 June 1968;
b. item 31 (Foreign Service), he served in Vietnam from 29 December 1968 through 28 December 1969; and
c. item 38 (Record of Assignments), he served in Duty MOS 94B2O (Cook) while assigned to Headquarters and Headquarters Company (HHC),
1st Battalion, 27th Infantry Regiment, 25th Infantry Division (25ID), from
6 January 1969 through 28 December 1969.
d. Item 41 (Awards and Decorations) does not show the Combat Infantryman Badge.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 29 December 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
a. He completed 1 year, 10 months, and 16 days of total active service this period that included 1 year 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.
5. 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.
6. 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.
7. 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 served in the RVN under hostile fire.
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 awarded MOS 94B (Cook) and he served in Duty MOS 94B while assigned to HHC, 1st Battalion, 27th Infantry Regiment.
c. The regulatory guidance governing award of the Combat Infantryman Badge that was in effect at the time is clear. Specifically, it shows that award of the Combat Infantryman Badge was limited to infantrymen serving in infantry duties (emphasis added).
d. Therefore, in view of the foregoing, there is an insufficient basis to support the applicant's claim to the Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. 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.
_________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) AR20130019142
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