IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140003266
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 addition of the Combat Infantryman Badge to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the Combat Infantryman Badge was not added as a badge to item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214. His military occupational specialty (MOS) was 11B (light weapons infantryman). He served in Vietnam in 1966 and 1967. He was assigned to the "1st Division," 2nd Battalion, 16th Infantry.
3. The applicant provides a copy of 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 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, his available DD Form 214 contains sufficient information for the Board to conduct a fair and impartial review of this case.
3. The available military records show he was inducted into the Army of the United States on 1 September 1965. He completed basic combat and advanced individual training and he was awarded MOS 11B.
4. He was honorably released from active duty on 1 September 1967, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years of net active service. His DD Form 214 lists in:
* Item 22c (Foreign and/or Sea Service) 1 year and 1 day of foreign service credit in the U.S. Army Vietnam (USARV)
* Item 24 the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Item 30 (Remarks) does not list his inclusive dates of service in Vietnam
5. There are no orders in his available military records authorizing or awarding him the Combat Infantryman Badge during his period of service in Vietnam.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders for the Combat Infantryman Badge pertaining to the applicant.
7. Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated item 22c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARV."
8. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant completed training and was awarded MOS 11B and he served in Vietnam. He contends he was assigned to the "1st Division," 16th Infantry. However, there is no evidence of record and he did not provide sufficient evidence showing he served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.
2. To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant held and served in an infantry MOS while assigned/attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.
3. In the absence of orders awarding him the Combat Infantryman Badge or evidence showing he met all the criteria for this award, there is insufficient evidence upon which to base awarding him the Combat Infantryman Badge and its addition to his DD Form 214.
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) AR20140003266
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ABCMR Record of Proceedings (cont) AR20140003266
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