IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100019336 


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, in effect, award of the Combat Infantryman Badge.

2.  The applicant states he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) in Vietnam and completed several combat missions.

3.  The applicant provides no additional evidence in support of his application.

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 2 April 1968.  He completed basic combat and advanced individual training.  He was awarded MOS 11C (Infantry Indirect Fire Crewman) on 9 August 1968, MOS 11F (Infantry Operations and Intelligence Specialist) on 18 November 1968, and MOS 11B on 23 October 1969.

3.  He was assigned to the 33rd Infantry Platoon (Scout Dogs) from 6 February 1969 to 3 January 1970 in the Republic of Vietnam.

4.  There are no orders in the applicant's military personnel records jacket awarding him the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

5.  On 4 January 1970, the applicant was released from active duty.  He completed 1 year, 9 months, and 3 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) states 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been awarded the Combat Infantryman Badge.

2.  The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  The applicant held MOS's 11F and 11B while he was assigned to an infantry platoon in the Republic of Vietnam.  However, there is no evidence of record and the applicant has not submitted any substantive evidence that shows he served in active ground combat.  Therefore, there is insufficient evidence to award the Combat Infantryman Badge in this case.


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 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)                                         AR20100019336



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ABCMR Record of Proceedings (cont)                                         AR20100019336



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