MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            9 January 2001    
	DOCKET NUMBER:   AR2000048138

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Mak D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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:  Award of the Combat Infantryman Badge.  He states that he was attached to the 196th Infantry and "fought” at several locations in Vietnam.  He submits no evidence in support of his request.

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 entered active duty on 3 June 1970 and successfully completed advanced individual training as a supply specialist (76Y) at Fort Lee, Virginia in October 1970.  He was awarded a primary specialty of 76Y on 16 October 1970.  Orders issued by the Quartermaster School at Fort Lee confirm the award.

The applicant was briefly assigned to Oakland, California and in March 1971 arrived in Vietnam where he was assigned as a supply specialist with the 196th Brigade until April 1971 when he was transferred to the 71st Aviation Company.

On 10 May 1971 the applicant was promoted to pay grade E-4 and awarded a secondary specialty of 67A (gunner).  His primary specialty remained 76Y.

In June 1971 the applicant was authorized 14 days of ordinary leave in the United States.  On 7 July 1971 the applicant apparently was attached to Fort Jackson, South Carolina where a temporary record was constructed.  Contrary to information contained in the applicant's original record, the temporary record indicates the applicant completed infantry advanced individual training at Fort Lee in 1970, was awarded specialty 11B (infantryman), and performed duties as an infantryman with the 71st Aviation Company in Vietnam.

In December 1971 the applicant requested a hardship discharge based on his mother's health and his financial situation.  The request was approved and on 
20 December 1971 the applicant was honorably discharged.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects information obtained from his temporary record.

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.  Contrary to the applicant's contention, his official records indicate he performed duties as a supply specialist while in Vietnam and was never awarded a primary specialty of 11B.  As such he does not meet the requirements 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 20 December 1971, the date the applicant was discharged.  The time for the applicant to file a request for correction of any error or injustice expired on 20 December 1974.

The application is dated 11 September 2000 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

___mdm__  ___clg__  __ena_  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2000048138	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.		
3.		
4.		
5.		
6.