IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009277
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:
a. His DD Form 214 should be corrected to show the Combat Infantryman Badge because he feels he was awarded the badge as were his fellow Soldiers. A while back, he noticed a discrepancy on his DD Form 214; it shows his Vietnam Service Medal but it does not show his award of the Combat Infantryman Badge.
b. He was a sergeant (SGT)/E-5 and an infantry squad leader in Company C, 2nd Battalion, 22nd Infantry, 4th Infantry Division (ID), in 1966 and early 1967 in Vietnam. They had their first major combat engagement on 22 November 1966 and their first casualty was Private First Class (PFC) C_______. His squad was sent in to retrieve PFC C_______'s body and several others were wounded that day, but he cannot remember their names. However, Sergeant First Class (SFC) L____ and the platoon sergeant were also wounded.
c. Approximately 1 week later, a formation was held and SFC L____ and the others received their Purple Hearts and they were all given the Combat Infantryman Badges. His assistant squad leader, SGT H_______ and Private B____ received the Combat Infantryman Badge at the same time he did. He believes what may have happened was that he was discharged before the award was processed and that is why it is not listed on his DD Form 214. He was proud to serve his country and would be very proud to receive this award even at this late date.
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 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 20 January 1964 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served in Vietnam from 22 September 1966 to 4 January 1967 while assigned to Company C, 2nd Battalion, 22nd Infantry, 4th ID.
4. On 4 January 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.
5. The DD Form 214 he was issued does not show award of the Combat Infantryman Badge.
6. His record is void of orders awarding him the Combat Infantryman Badge or any evidence that shows he served in active ground combat during his service in Vietnam.
7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
8. 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 orders for the Combat Infantryman Badge pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) 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. While the applicant's service in Vietnam in an infantry MOS is not in question, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. Regrettably, and notwithstanding his sincerity, in the absence of evidence that conclusively shows he actively participated in ground combat, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.
3. Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation. 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) AR20140009277
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009277
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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