IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150003287
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 had different assignments while serving in the Republic of Vietnam; however, he did perform duty as an 11B (Light Weapons Infantry Crewman).
3. The applicant provides:
* 2 letters
* page 99 of Army Regulation 600-8-22 (Military Awards)
* page 3 of his DA Form 20 (Enlisted Personnel Record)
* 14 pages of DA Form 1594 (Daily Staff Journal or Duty Officer's Log)
* a list of names
* a list of Vietnam Casualty Codes
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 was inducted into the Army of the United States on 3 September 1968. He completed training and he was awarded military occupational specialty (MOS) 11B.
3. Evidence shows he served in the Republic of Vietnam for the period 29 January 1968 through 27 January 1970. He served with Troop E, 2nd Squadron, 11th Armored Cavalry Regiment for the period 1 February to 30 July 1969 and with Company C, 52nd Infantry, 716th Military Police Battalion for the period 31 July 1969 to 26 January 1970.
4. Item 38 of his DA Form 20 also shows he served as a Rifleman in MOS 11B effective 25 March through 30 July 1969, with Troop E, 2nd Squadron, 11th Armored Cavalry Regiment.
5. On 8 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 9 months, and 6 days of total active service during this period. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* First Class Gunner Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M60)
6. The applicant provides a 14-page DA Form 1594, in reference to the 11th Cavalry Regiment, dated 30 April 1969, that shows his unit was engaged with the enemy in battle which resulted in the loss of life. The applicant's name is not mentioned in this document.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
The evidence clearly shows that the applicant was awarded an infantryman MOS and he was assigned to an armored cavalry squadron in the Republic of Vietnam. Evidence further shows his unit engaged with the enemy in battle on 30 April 1969, during a period the applicant was assigned. However, he provides insufficient evidence which shows he was personally present and actively engaged in combat with the enemy during the period in question.
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) AR20150003287
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ABCMR Record of Proceedings (cont) AR20150003287
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