*
IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140020350
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 Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in a combat unit in Vietnam and was not awarded the Combat Infantryman Badge. He did receive an unsigned certificate. His military occupational specialties (MOS) were 11B (light weapons infantryman) and 11C (infantry direct fire crewman), which are both combat positions. He was under hostile fire and he believes that he deserves the recognition. At the time of his discharge he was rushed out in lightning speed. He believes that it was just an oversight. At the time of his departure from Vietnam he was placed on a special assignment to the 4th Infantry Headquarters. At the time many things were rushed and he just wanted to get home, not argue with a clerk, which would have delayed his leaving for an unknown amount of time.
3. The applicant provides no additional 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 the cases 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.
2. The applicant's military records show he was inducted into the Army of the United States on 27 February 1969 and he held MOS 11C. He served in Vietnam 22 August 1969 through 30 September 1970. He was assigned to Company A, 2nd Battalion, 35th Infantry, 4th Infantry Division.
3. He was honorably released from active duty on 29 September 1970 and he was transferred to the U.S. Army Reserve Control Group. He was credited with completing 1 year, 7 months, and 3 days of total active service. His DD Form 214 lists the:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records) lists all the awards listed on his DD Form 214.
5. 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 the Combat Infantryman Badge pertaining to the applicant.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant held MOS 11C and served in Vietnam in an infantry unit. However, there is no evidence of record and he provided none showing he served in ground combat as an infantryman at the time.
2. To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant held and served in an infantry MOS while assigned/attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.
3. In the absence of orders awarding him the Combat Infantryman Badge and evidence showing he met all the criteria for this award, there is insufficient evidence upon which to base awarding him the Combat Infantryman Badge or adding it to his DD Form 214.
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) AR20140020350
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ABCMR Record of Proceedings (cont) AR20140020350
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