IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150000377
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 never received orders for this badge. Several Soldiers in his unit were awarded the badge. He was not. He would like it issued and mailed. He served in Vietnam during the Vietnam era (January 1962 to May 1975). He was assigned to the 2nd Battalion, 35th Infantry, 4th Infantry Division. He held an infantry military occupational specialty (MOS). Part of his responsibilities were to find and observe enemy activities, provide reports back to the commander, guard the airfield, and assist his platoon as needed. He consistently witnessed evidence of Agent Orange when he was in the Central Highlands in Vietnam, green foliage wilting and dying all around. Many planes flew at low altitude but they were not aware of their mission. All Soldiers had gas masks and were told to use them when necessary.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Citation for award of the Army Commendation Medal
* Newspaper articles and photographs
* Guide for Information and Assistance for Dependents/Parents of members of the 4th Infantry Division
* Internet printout of a map of an area 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 was inducted into the Army of the United States on 18 October 1967. He completed basic combat and advanced individual training and he was awarded MOS 11B (Light Weapons Infantryman).
3. Following training, he served in Vietnam from 17 September 1968 to on or about 11 August 1969. He was assigned to D Company, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division.
4. He provides a citation (no general orders) showing award of the Army Commendation Medal for meritorious service from September 1968 to September 1969.
5. He was honorably released from active duty on 12 August 1969. His DD Form 214 does not list the Combat Infantryman Badge as an authorized award.
6. He also provides:
a. Guide for Information and Assistance for Dependents/Parents of members of the 4th Infantry Division and an internet printout of a map of an area in Vietnam.
b. Newspaper articles and photographs indicating he was awarded the Combat Infantryman Badge near Ban Me Thuot, Vietnam, on 20 February (1969).
7. Army Regulation 600-8-22 (Military Awards) 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. Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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. The applicant held an infantry MOS and served with an infantry unit in Vietnam. He appears to have been awarded the Army Commendation Medal albeit for service (not achievement). He also provides newspaper articles and photographs indicating he was awarded the Combat Infantryman Badge near Ban Me Thuot, on 20 February 1969.
2. There is insufficient evidence in his records and he does not provide sufficient evidence to show he was personally present and under fire while serving in an assigned infantry primary MOS duty as a member of his infantry unit while his unit participated in ground combat.
3. In the absence of additional documentary evidence such as after action reports, morning reports, intelligence estimates, and/or officer staff duty logs confirming that he was personally present when his unit had engaged or was engaged by the enemy, regretfully, there is insufficient evidence to support awarding 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.
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