IN THE CASE OF:
BOARD DATE: 4 June 2015
DOCKET NUMBER: AR20140016363
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 and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* he didn't have the Combat Infantryman Badge put in his military records or DD Form 214
* he was never awarded the Combat Infantryman Badge while he was in Vietnam
* his records indicate he was assigned to the 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division and Company E (RECON), 4th Battalion, 31st Infantry Regiment, 196th Brigade
* he served as a squad leader in military occupational specialty (MOS) 11B (Light Weapons Infantryman)
3. The applicant provides:
* DD Form 214
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
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 was inducted into the Army of the United States on 28 July 1970. He completed training and he was awarded MOS 11B.
3. His DA Form 20 shows in:
* item 31 (Foreign Service) he served in Vietnam from 6 January to 20 October 1971
* item 38 (Record of Assignments) he performed duties as a rifleman and squad leader in duty MOS 11B
* item 38 he was assigned to Company E, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division and Companies A and E of the 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade while in Vietnam
* item 41 (Awards and Decorations) no entry for the Combat Infantryman Badge
4. His service record does not contain orders showing he was awarded the Combat Infantryman Badge.
5. He was honorably released from active duty on 3 February 1972. His DD Form 214 doesn't show he was awarded or authorized the Combat Infantryman Badge.
6. 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. The evidence of record shows the applicant was awarded MOS 11B and he served in this MOS performing duties as a rifleman and squad leader while assigned to Company E, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division and Company A/E of the 4th Battalion, 31st Infantry Regiment, 196th Brigade in Vietnam.
2. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.
3. The applicant's service record does not contain sufficient evidence that shows he was engaged in active ground combat with the enemy while assigned to his infantry units in Vietnam. Therefore, there is insufficient evidence to show he met all of the requirements for 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) AR20140016363
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140016363
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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