IN THE CASE OF:	   

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140015521 


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 award was not issued due to circumstances surrounding his discharge.

3.  The applicant provides:

* multiple contemporaneous hand-written entries on a memo/notebook
* recent reconstructed summary/letter pertaining to those entries 

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's records show he enlisted in the Regular Army on 14 February 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  He also completed the Basic Airborne Course at Fort Benning, GA.  Following completion of this course, he proceeded to Fort Lee, VA, where he completed the Parachute Packing Maintenance and Airdrop course and was awarded primary MOS 43E (Parachute Rigger). 

4.  Following training at Fort Lee, he served in Okinawa/Taiwan in MOS 43E from on or about 24 February 1967 to 8 August 1968.  He was assigned to Headquarters and Headquarters Company, 1st Special Force (SF) Group (Airborne (A)).

5.  On 15 March 1968, Headquarters, 1st SF Group (A) published Special Orders (SO) Number 11 and 59 advancing him to specialist four (SP4)/E-4 and awarding him secondary MOS 11B2P (the "P" designates airborne qualification). 

6.  On 23 July 1968, Headquarters, 1st SF Group (A) published SO Number 173 ordering his reassignment to U.S. Army Vietnam Transient Detachment, Vietnam. 

7.  He served in Vietnam from on or about 16 September 1968 to 6 February 1969.  He was assigned to Headquarters and Headquarters Company, Special Operations Augmentation, Command and Control, 5th SF Group (A).

8.  He was honorably released from active duty on 8 February 1969.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Vietnam Campaign Medal
* 1 Overseas Service Bar
* Parachutist Badge 

9.  There are no special orders that show he was awarded the Combat Infantryman Badge.  

10.  His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge. 

11.  He provides multiple contemporaneous (1968/1969) hand-written entries on a memo/notebook and a recent reconstructed summary/letter pertaining to those entries.  The entries, in effect, certify that he was on patrol and did come under fire and that the paperwork was put in for the Combat Infantryman Badge.  The sources of these entries are unknown.  Additionally, in the reconstructed letter, he inquires about a variety of Army (Air Medal, Bronze Star Medal, Army Commendation Medal, valor awards and Joint (Joint Service Commendation Medal) awards as well as the contested badge. 

12.  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 meet the criteria for this award on the count of:

	a.  There are no orders in his records and he provides none to show he was awarded the Combat Infantryman Badge.  He contends it should be added to his DD Form 214 but does not provide the orders that awarded him this badge.

	b.  Although he was initially trained as a light weapons infantryman, the applicant was subsequently trained as a parachute rigger.  He served in Okinawa/Taiwan as well as in Vietnam in this MOS, albeit with an SF unit.  

	c.  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 unit that was actively engaged in ground combat with the enemy.  The hand-written entries on a notebook are unofficial documentation and the information mentioned cannot be substantiated. 

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 or SF 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.  

4.  If the applicant can locate the orders or provides substantiating documents such as after action reports, operations orders, morning reports, intelligence estimates, and/or officer staff duty logs confirming he was personally present while his unit actively engaged in ground combat with the enemy, he may resubmit his application and request reconsideration. 

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)                                         AR20140015521



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ABCMR Record of Proceedings (cont)                                         AR20140015521



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