MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           03 APRIL 2002                   
	DOCKET NUMBER:   AR2002067201

	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. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 records be corrected to reflect award of the Combat Infantryman Badge.  He states he was trained as a combat engineer and assigned to an "infantry line company" upon his arrival in Vietnam.  He states he received the Combat Infantryman Badge while serving in an infantry unit but it does not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  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 30 August 1966, completed training as a combat engineer, and was awarded specialty 12B.  In February 1967, upon completion of training, the applicant was assigned to Vietnam.  He was initially assigned to Headquarters and Headquarters Company of the 4th Battalion, 47th Infantry but in May 1967 was transferred to Company E of that same battalion.  In September 1967 the applicant was transferred to Company B of the 15th Engineer Battalion.

The applicant performed duties in his primary specialty (12B) throughout the duration of his tour of duty in Vietnam.  In February 1968 the applicant returned to the United States and completed his active duty requirement at Fort Campbell, Kentucky.  He was released from active duty on 8 August 1968.  There is no indication the applicant was ever awarded the Combat Infantryman Badge.

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.

Although the applicant may have been assigned to an infantry unit he did not hold an infantry specialty (11 series) and as such does not meet the eligibility requirements for award of the Combat Infantryman Badge.

By virtue of the applicant's service in Vietnam, between February 1967 and February 1968, he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and three bronze service stars on his Vietnam Service Medal, which is already reflected on his separation document.

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 8 August 1968, the date the applicant was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 8 August 1971.

The application is dated 8 December 2001 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.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

(NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal Unit Citation, and three bronze service stars on his Vietnam Service Medal.)

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__AAO__  __HOF __  __TEO __  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2002067201	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020430	
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.