BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150002381
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge.
2. The applicant states that he served as an Infantry officer in the 1st Infantry Division, 35th Infantry Platoon from 14 June 1969 to 13 June 1970.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants 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 15 February 1966 and served until he was honorably discharged on
5 November 1968, in the rank of sergeant/E-5, for the purpose of accepting a commission. He was issued a DD Form 214 that captured this period of enlisted service.
3. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 6 November 1968. He entered active duty on the same date. His specialty was 1542 (Infantry Unit Commander).
4. He served in Vietnam from 14 June 1969 to 13 June 1970 while assigned to the 35th Infantry Platoon (Scout Dog), 1st Infantry Division and performed the duties of a platoon leader and assistant platoon leader. He was honorably released from active duty on 5 November 1970.
5. There are no special orders that show he was awarded the Combat Infantryman Badge.
6. His DA Form 66 (Officer Qualification Record) does not show he was awarded the Combat Infantryman Badge.
7. His DA Forms 67-6 (U.S. Army Officer Efficiency Report) for the period 7 May 1969 through 8 June 1970 shows in addition to handling the duties of a scout dog platoon leader, he performed managerial and administrative duties. A requirement for the utilization of tracker dogs never arose, but he was able to respond rapidly and effectively. There is no mention of any active participation in ground combat with the enemy.
8. 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 military occupational specialty. 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 does not provide the orders that awarded him the Combat Infantryman Badge. Likewise, his service records do not contain orders awarding him the Combat Infantryman Badge.
3. His sincerity and service in Vietnam in an infantry specialty and unit are not in question. However, there is insufficient evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while performing infantry duties in an infantry unit while the unit was actively engaged in ground combat with the enemy.
4. In the absence of orders or additional documentary evidence that specifically shows he was under hostile fire while performing infantry duties with his infantry unit there is insufficient evidence upon which to base 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.
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