IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020068
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 volunteered to be a reconnaissance sergeant with the 1st Battalion, 35th Infantry, 4th Infantry Division. He saw combat and he called for artillery fire on enemy targets. He served in this position until he left Vietnam. He did not receive written orders for his volunteer action with the 1st Battalion, 35th Infantry. They just asked for volunteers and he volunteered. There was a first lieutenant assigned as the highest fire officer but that officer left and he (the applicant) was left without one for the rest of his assignment to that unit.
3. The applicant does not provide any evidence.
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 was inducted into the Army of the United States on 7 December 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).
3. Following completion of MOS training and assignment to Fort Meade, MD, he served in Vietnam from on or about 22 December 1967 to on or about 30 November 1968. He was assigned Headquarters and Service Battery, and then to A Battery, 9th Artillery, 4th Infantry Division, in MOS 13A.
4. He was honorably released from active duty on 23 November 1968. 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
* Vietnam Campaign Medal
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
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 trained in or held an infantry MOS, that he was assigned or attached to an infantry unit, or that he was awarded the Combat Infantryman Badge.
6. 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 13F. He then served in Vietnam from December 1967 to November 1968. During this period, he served in duty MOS 13F with an artillery unit. There is no evidence he was assigned or attached to the 1st Battalion, 35th Infantry Regiment, as he contends.
3. There is insufficient evidence in the available records and he did not submit substantiating evidence that shows he was assigned or attached 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) AR20140020068
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ABCMR Record of Proceedings (cont) AR20140020068
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