BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016647 


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 for his combat service in Vietnam and to have this award added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect:

* his career management field (CMF) while he was on active duty was 11 (Infantry) and he served in Vietnam for 1 year
* policy states he is authorized award of the Combat Infantryman Badge
* he served as an 11C (Indirect Fire Infantryman) and engaged in more than ten direct combat missions
* he cites as a reference Army Regulation 600-8-22 (Military Awards), chapter 8

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* certificate, undated, from the 2nd Brigade, 101st Airborne Division 

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 in the Army of the United States on 27 May 1970.  After completing initial training, he was awarded military occupational specialty (MOS) 11C.  The highest rank/grade held was specialist four/E-4.  

3.  Records show he served in Vietnam from 23 October 1970 to 22 October 1971.  While there he was assigned to two units:

* Company D, 2nd Battalion (Airmobile (AMBL)), 501st Infantry Regiment, 101st Airborne Division with duty as an assistant gunner from on or about 9 November 1970 to on or about 21 August 1971
* Company E, 2nd Battalion (AMBL), 501st Infantry Regiment, 101st Airborne Division with duty as a mortar gunner from on or about 22 August 1971 to on or about 22 October 1971

4.  He was honorably released from active duty on 6 January 1972.  His DD Form 214 shows he completed 1 year, 7 months, and 10 days of net active service.  The award of the Combat Infantryman Badge is not reflected on his DD Form 214, but it states he was awarded or authorized:

* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  His DA Form 20 provides the following information:

	a.  Item 38 (Record of Assignments), sub-items for Conduct and Efficiency, show the applicant received "excellent" ratings for his entire period of service.

	b.  Item 41 (Awards and Decorations) does not list the award of the Combat Infantryman Badge.  It does show the award of the Air Medal.

6.  General Orders Number 8056, dated 30 July 1971, issued by Headquarters, 101st Airborne Division (Airmobile), awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 23 October 1970 to 9 July 1971.

7.  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 award of the Combat Infantryman Badge pertaining to the applicant.  In addition, his official military personnel record did not contain orders awarding him the Combat Infantryman Badge

8..  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states

	a.  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 (emphasis added).  Permanent award of this badge will be announced in official orders by commanders authorized to make the award. 

	b.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is primarily intended for personnel on flying status (including gunners), but can also be awarded to those personnel whose combat duties required them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy (emphasis added).  

9.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam-era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Combat Infantryman Badge and to have this award added to his DD Form 214.  

	a.  The award of the Combat Infantryman Badge requires the recipient to have satisfactorily performed in an infantry MOS (including 11C), to have been assigned to an infantry unit actively engaged in ground combat, and to have actively participated in such ground combat (emphasis added).

	b.  The applicant meets at least two requirements:

* he held the MOS of 11C
* he was assigned to two infantry units while in Vietnam 

	c.  On the question of satisfactory performance of infantry duties, his DA Form 20 shows ratings of excellent.  Additionally, he was awarded the Air Medal for a portion of his tour in Vietnam, further supporting that he met the performance criteria.  

	d.  While primarily intended for those in a flight-status, the Air Medal can be also awarded to non-crew-members for meritorious achievement in aerial flight.  This would include personnel whose combat duties required them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  There is no indication in his record he was on flight-status, thus he likely received the award as a non-crew-member and probably as part of an attack element.  

	e.  His DA Form 20 shows the remainder of his tour in Vietnam was spent as a mortar gunner.  Unfortunately, his records do not provide details, nor does the applicant offer supporting documentation which clearly verifies his active participation in ground combat.  

2.  Based upon the foregoing, there is insufficient evidence upon which to grant the requested relief.  Should he be able to provide verifying documentation (such as staff-duty logs, letters from the applicant's former chain of command, and eye-witness reports, particularly when part of historical documents), within 1 year of the date of the Board's decision, which more clearly defines his combat participation, his application can be reconsidered.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  ____X_  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20140016647



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ABCMR Record of Proceedings (cont)                                         AR20140016647



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