IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140001135
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 always assumed he had the Combat Infantryman 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 applicants 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 applicants 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 on 3 October 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. His records show he served in Vietnam from on or about 29 July 1967 to on or about 24 July 1968. He was assigned to:
* Headquarters and Headquarters Company (HHC), 1st Battalion, 69th Armor, from 30 August 1967 to 26 December 1967
* Patient (subsequent to a friendly fire incident) from 27 December 1967 to 29 January 1968
* HHC, 2nd Brigade, 4th Infantry Division, from 30 January 1968 to 25 February 1968
* HHC, 1st Battalion, 69th Armor, from 26 February 1968 to 24 July 1968
4. He was honorably released from active duty on 24 July 1968. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. There are no special orders that show he was awarded the Combat Infantryman Badge.
6. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.
7. 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 applicant's sincerity and service in Vietnam in an infantry MOS with an armor and/or infantry unit is not in question. However, there is insufficient evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. In addition, except for 4 weeks when he was assigned to an infantry brigades headquarters and headquarters company, he was primarily assigned to an armor unit.
3. In the absence of additional documentary evidence that specifically places him under hostile fire while serving in his assigned infantry duty in an infantry unit that 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) AR20140001135
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ABCMR Record of Proceedings (cont) AR20140001135
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