MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:         10 February1 999                     
	DOCKET NUMBER:   AC98-11494
				    AR1998002460

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Geraets		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to reflect award of the Combat Infantryman Badge.  (NOTE:  His request for several other decorations, including the National Defense Service Medal, Army Commendation Medal and decorations associated with service in Vietnam, were already included in his file and reflected on his DD Form 214.  As such those awards will not be address by the Board.  Officials at the Army Reserve Personnel Center in St. Louis authorized the re-issuance of those awards in January 1998.)  He states that he was assigned to Vietnam in April 1968 with the 173rd Airborne Brigade but was evacuated in August 1968.  He notes that following his release from the hospital he was assigned to Fort Sill where he remained for several months until he re-enlisted to return to Vietnam.  He states he should be awarded the Combat Infantryman Badge based on his initial assignment in Vietnam with the 173rd Airborne Brigade.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He initially entered active duty on 13 February 1968 for a period of three years and on 29 June 1970 was discharged for the purpose of immediate reenlistment. With the exception of his initial enlistment contract there are no documents in the applicant’s records, which reflect information, associated with his service prior to 1970.

His DA Form 20 (enlisted qualification record), which was prepared from temporary records at the 25th Infantry Division in Hawaii in late 1969, indicates the applicant was in Vietnam from 5 April 1969 through 12 June 1969.  The applicant was assigned as an infantryman with the 25th Infantry Division in Hawaii from 3 August 1969 until 5 February 1970 when he was reassigned to Fort Sill, Oklahoma.

Although it appears the applicant may have held a primary specialty of 11B (infantryman), there is no evidence in available records which confirms the applicant’s unit of assignment during his two months in Vietnam in 1969, the duties he performed while there, or if he was involved in any active ground combat.  

Orders published at Fort Sill, Oklahoma indicate the applicant was reclassified from specialty 11B to 76Y (supply specialist) effective 21 May 1970.

The applicant returned to Vietnam in August 1970 and was assigned to the 101st Airborne Division as a supply specialist.  He remained in Vietnam until February 1971 and was subsequently assigned to Fort Bragg, North Carolina.  He remained at Fort Bragg until his release from active duty on 14 January 1974.

His DD Form 214 (report of separation), which he authenticated, does not reflect entitlement to the Combat Infantryman Badge although it does reflect all of his other awards and decorations.

There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  While the applicant may have been an infantryman there is no evidence, and he has not provided any, which confirms that he met any of the other qualifications for award of the Combat Infantryman Badge.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 14 January 1974, the date applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 14 January 1977.

The application is dated 17 February 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain 

sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

____pb__  __eja___  ___gfg__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AC98-11494/AR1998002460	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 142.00		
3.		
4.		
5.		
6.