IN THE CASE OF:	  

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140016692 


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.

2.  The applicant states he served in the Republic of Vietnam in his secondary military occupational specialty (MOS) 11B (Infantryman) in numerous combat engagements during the period 29 August 1969 - 21 February 1970.  His primary MOS was 36C (Lineman); however he was trained in MOS 11B and, as was the common practice during the Vietnam Era, served exclusively in the secondary MOS 11B.

3.  He states his DA Form 20 (Enlisted Qualification Record) shows he served in the secondary MOS 11B in Company E, 2nd Battalion (Airmobile), 101st Infantry in the Republic of Vietnam from 29 August 1969 through 21 February 1970.  His unit was continuously deployed in the I Corps Area of Operations and was directly engaged in the reconnaissance unit mission of locating the enemy, engaging, holding place, defeating, or supporting reinforced activity in mission completion.  He provides five specific examples of engagements in which he directly participated.

4.  The applicant provides:

* an affidavit, dated 15 September 2014, from his then platoon leader
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 2 April 1970
* a DD Form 215 (Correction to 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.  On 23 April 1968, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty 36C.

3.  His DA Form 20 (Enlisted Qualification Record) for the period 23 April 1968 - 
2 April 1970 provides the following information in the items indicated:

	a.  Item 22 (Military Occupational Specialties) - MOS 36C was awarded 
3 September 1968.  No other MOSs are shown.

	b.  Item 38 (Record of Assignments) shows he was assigned to the following companies in the 2nd Battalion (Airmobile), 501st Infantry:

* Headquarters and Headquarters Company (HHC) in duty MOS 36K 	(Field Switchboard Operator/Field Wireman) with the principle duty of 	lineman from 15 July - 21 August 1969
* Company E in duty MOS 36K with the principle duty of lineman from 	21 August 1969 to 21 February 1970
* HHC in duty MOS 36K with the principle duty of lineman from 
	22 February - 28 March 1970

4.  On 1 December 1969, he was promoted to sergeant/pay grade E-5 in MOS 36C.

5.  On 2 April 1970, he was released from active duty.  He completed 1 year, 
11 months, and 10 days of active service that was characterized as honorable.  Item 23a (Specialty Number & Title) of his DD Form 214 shows his MOS as 36C.

6.  On 26 February 1976, he enlisted in the Ohio Army National Guard.  His 
DA Form 2-1 (Personnel Qualification Record) for his Guard service shows in Item 6 (Military Occupational Specialties) MOS 11B.  The entry is dated 
5 January 1990. The date 19 May 1986 is also entered in parentheses.

7.  On 30 September 1997, he transferred to the Retired Reserve as a sergeant major.

8.  He provided an affidavit, dated 15 September 2014, from Major (MAJ) MJM (Retired).  MAJ MJM stated he was the platoon leader for Company E (Recon), 2nd Battalion, 501st Infantry (Airmobile), 101st Airborne Division serving in the Republic of Vietnam during the period July - November 1969.  

	a.  When the applicant was assigned to Recon, MAJ MJM was aware that his primary MOS was 36C.  However, he was informed by the battalion commander that he was assigned to the unit for service in his secondary MOS 11B.  For the entire duration of MAJ MJM's command of the Recon platoon, the applicant served as an 11B.

	b.  During his command the unit encountered various elements of the North Vietnamese Army from squad to regimental size units.  It was a location and time of frequent combat encounters.  The applicant documented several of the key engagements in his statement.  These encounters included ambushes, actions in assaulting and defending fixed positions, firebases, defensive positions, and chance movement engagements.

	c.  The applicant was an exemplary soldier and leader.  He took the initiative in supporting and training younger and new Soldiers.  He was always ready to move to action and to support the orders and direction of any engagement.  He served as and functioned extremely well acting as an 11B.

9.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.  In order to be awarded the Combat Infantryman Badge a Soldier must have an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

2.  The veracity of his statement in which he describes various events wherein he was engaged with the enemy is not in question.

3.  Contrary to his contention, his DA Form 20 in his official military personnel file (OMPF) shows he was assigned in duty MOS 36K with the principle duty of lineman while assigned to Company E from 21 August 1969 to 21 February 1970.

4.  The affidavit from MAJ MJM was reviewed.  Again, the veracity of his statement is not in question.  However, MAJ MJM does not indicate why he, as his platoon leader, did not recommend the applicant for the award of the Combat Infantryman Badge at the time prior to his departure from Company E.

5.  The applicant was awarded MOS 36C and he was assigned in MOS 36K as a lineman to Company E, 2nd Battalion (Airmobile), 501st Infantry.  There is no evidence he held MOS 11B as a secondary MOS while in Vietnam.  He does not meet the regulatory requirements for the award of the Combat Infantryman Badge.  Therefore, there is insufficient substantive evidence upon which to award him 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)                                         AR20140016692



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ABCMR Record of Proceedings (cont)                                         AR20140016692



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