BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140017384
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 his duty military occupational specialty (MOS) was 11B (Light Weapons Infantryman) and he was assigned to the 184th Ordnance Battalion. As an infantryman, he was engaged with the enemy while on perimeter patrol in Vietnam.
3. The applicant provides:
* Special Orders Number 307 (assignment orders)
* Internet printout regarding attacks on Camp Radcliff in Vietnam
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 10 February 1969. He completed basic combat and advanced individual training and he was awarded MOS 57H (Cargo Handler).
3. Following completion of MOS training and assignment to Fort Eustis, VA, he served in Vietnam from on or about 30 October 1969 to 19 October 1970. He was assigned as follows:
* 3 November 1969 to 10 January 1970, duty MOS 11B, security guard, U.S. Army Support Command Qui Nhon,
* 11 January to 27 May 1970, duty MOS 76A (Petroleum Supply Specialist), 3rd Quartermaster Detachment
* 11 January to 17 October 1970, duty MOS 57E (Laundry Foreman), 573rd Supply and Services Company
4. He was honorably released from active duty on 20 October 1970. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. There are no special orders that show he was awarded the Combat Infantryman Badge. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.
6. On 29 December 1969, the U.S. Army Human Resources Command issued him a DD Form 215 (Correction to DD Form 214), to show the Vietnam Service Medal with 4 bronze service stars.
7. On 23 April 1969, following his petition to the ABCMR, the Board denied his request for correction of his records to show he was awarded MOS 11B and award of the Purple Heart.
8. He provides an internet printout listing attacks on Camp Radcliff in Vietnam from 4 January to 7 August 1970.
9. 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 completed basic combat and advanced individual training and he was awarded MOS 57H. He then served in Vietnam from on or about 30 October 1969 to 19 October 1970. During this period, he served in duty MOS 11B from 3 November 1969 to 10 January 1970. However, he was not assigned to an infantry unit of brigade size or smaller. He was assigned to the U.S. Army Support Command Qui Nhon.
3. There is insufficient evidence in the available records and he did not submit substantiating evidence that shows he was assigned to an infantry unit and was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. Therefore, he does not meet the criteria 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) AR20140017384
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ABCMR Record of Proceedings (cont) AR20140017384
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