IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150000121
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 a review of his military record for injustice in denying him the Combat Infantryman Badge or the Combat Action Badge.
2. The applicant states he served in the Republic of Vietnam from 2 March 1969 through 3 January 1970 and his primary military occupational specialty (MOS) was 71H (Personnel Specialist). When arriving at the landing zone (LZ) they were assigned a perimeter post in case of enemy activity. On more than one occasion there were perimeter probes, which resulted in firefights with the Viet Cong and the North Vietnamese Army. He feels the sound of enemy bullets buzzing over his head and returning fire in defense of the LZ is combat. Coming under enemy fire and defending your post more than a few times warrants consideration for being classified as a combat veteran. He was transferred to Company A, 3rd Battalion, 21st Infantry at Chu Lai from 1 May 1969 to 2 January 1970. While assigned to Company A he was also involved in combat situations defending LZ Center and LZ Baldy from enemy probes which resulted in firefights. He was out on patrol and in the field on a few occasions. He was at Song Chang Valley from 20 to 22 August 1969.
3. The applicant provides his record of assignments from his DA Form 20 (Enlisted Qualification Record).
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 19 February 1968, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded MOS 71H.
3. His DA Form 20 shows he served in the Republic of Vietnam from
26 February 1969 through 3 January 1970. He was assigned to:
* 23rd Administrative Company Replacement Detachment from 2 - 8 March 1969
* Company B, 4th Battalion, 3rd Infantry, 11th Brigade, from 9 March
30 April 1969 as a company clerk
* Headquarters and Headquarters Company (HHC), 3rd Battalion,
21st Infantry, from 1 May - 7 June 1969 as a company clerk
* Company A, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, from
8 June - 11 December 1969 as a company clerk
* HHC, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, from
12 December 1969 - 3 January 1970 as an administrative specialist
4. On 5 November 1969, he was awarded MOS 71L (Administrative Specialist).
5. On 4 January 1970, he was released from active duty. He completed 1 year,
10 months, and 16 days of active service that was characterized as honorable. His DD Form 214 does not show award of 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.
a. 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 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.
b. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award of the Combat Action Badge for qualifying service in any previous conflict is not authorized.
DISCUSSION AND CONCLUSIONS:
1. In order to be awarded the Combat Infantryman Badge a Soldier must have an infantry MOS and serve in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. The veracity of the applicant's statements concerning his role in combat is not in question. His DA Form 20 shows his MOS was 71H and he was assigned duties as a company clerk and administrative specialist. He does not meet the regulatory requirements for award of the Combat Infantryman Badge.
3. The Combat Action Badge was not created until 2 May 2005. The regulation states this badge will not be awarded for qualifying service prior to 18 September 2001.
4. There is no injustice in denying award of the Combat Infantryman Badge or the Combat Action Badge to the applicant in that the rules for these awards apply to all Soldiers. His service simply did not meet the criteria for either 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.
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