RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           18 December 2003                  
	DOCKET NUMBER:   AR2003088673

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

	Mr. Carl W. S. Chun		Director	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests “combat award or any additional awards from Vietnam duty.”  In particular, the applicant desires award of the Combat Infantryman Badge.

2.  The applicant states that he served for 1 ½ years in the Republic of Vietnam (RVN) and was told that he was awarded the Combat Infantryman Badge but that the badge was not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Forms 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error that occurred on 11 June 1969. The application submitted in this case is dated 24 March 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he enlisted in the Regular Army (RA) for a period of 3 years on 19 September 1966.  He completed basic and advanced individual training, where he trained in Military Occupational Specialty (MOS) 62B20 (Engineer Equipment Maintenance).  The applicant served a tour of duty at Fort Riley, Kansas prior to being reassigned to Vietnam on 17 November 1967, where he served as Tractor and Construction Machine Operator in the 87th Engineer Battalion.  The applicant returned to the United States on 7 June 1969 and was honorably separated from active duty in pay grade E-4, on 11 June 1969.  He remained in the US Army Reserve until 21 August 1974 when he reenlisted in the RA for a unit of choice option.  The applicant was discharged from active duty, while still in a training status, on 3 October 1974 for failure to meet established physical standards (no disability).

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, as 

amended by DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 18 October 1993, shows that he was awarded the Good Conduct Medal, the Meritorious Unit Award, the Vietnam Service Medal with seven bronze service stars, the National Defense Service Medal, the Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Expert Marksmanship Badge with Rifle and Automatic Rifle bars.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was ever awarded an infantry MOS or that he was assigned to an infantry unit of brigade, regimental, or smaller size when the unit was engaged in active ground combat.  There are no orders in the applicant’s service personnel records that show that he was awarded the Combat Infantryman Badge. 

2.  Records show the applicant should have discovered the error or injustice now under consideration on 11 June 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 June 1972.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jem ___  ___ym __  ___rvo __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088673	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031218	
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.		
2.		
3.		
4.		
5.		
6.