IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003091
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 the Combat Infantryman Badge.
2. The applicant states the Combat Infantryman Badge was pinned on him by a major, his battalion executive officer, on 12 February 1970. He was discharged before the paperwork entered his military records.
3. The applicant provides 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 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 enlisted in the Regular Army on 13 March 1967 and held military occupational specialty 11F (Infantry Operations and Intelligence Specialist).
3. He completed infantry officer candidate school and he was honorably discharged on 27 March 1968 for the purpose of accepting a commission. He was issued a DD Form 214 that captured this period of enlisted service.
4. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 28 March 1968. He entered active duty on the same date.
5. He served in Europe from 10 June 1968 to 8 June 1969. He also served in Vietnam from 25 July 1969 to 19 February 1970. He was assigned as an executive officer to Company B, 2nd Battalion, 327th Infantry, 101st Airborne Division.
6. He was honorably released from active duty on 23 February 1970. His DD Form 214 for this period of service shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
7. There are no special orders that show he was awarded the Combat Infantryman Badge.
8. His DA Form 66 (Officer Qualification Record) does not show he was awarded the Combat Infantryman Badge.
9. His Officer Evaluation Report (OER) for the rating period 26 September 1969 to 17 February 1970 shows his principal duty as "executive officer conducting internal defense operations in the Republic of Vietnam." The OER does not mention the applicant actively participated in ground combat while his infantry unit engaged in active ground combat with the enemy.
10. 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 does not provide the orders that awarded him the Combat Infantryman Badge. Likewise, his service records do not contain orders awarding him the Combat Infantryman Badge.
3. His sincerity and service in Vietnam in an infantry specialty and unit are 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.
4. In the absence of the orders or 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) AR20140003091
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ABCMR Record of Proceedings (cont) AR20140003091
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