RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2008 DOCKET NUMBER: AR20070013861 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. Ms. Catherine C. Mitrano Director Ms. Phyllis B. Mackey Analyst The following members, a quorum, were present: Ms. Shirley L. Powell Chairperson Ms. Yolanda Maldonado Member Mr. Edward E. Montgomery Member 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, in effect, that he be awarded the Combat Infantryman Badge. 2. The applicant states, in effect, that he served with the 101st Combat Infantry. 3. The applicant provides a copy of his DD Form 214 and a copy of his request and approval from the Army Board for Correction of Military Records for addition of the Bronze Star Medal and the Army Commendation Medal to his DD Form 214. 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. On 14 May 1968, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 35L2O (Aviation Communication Equipment Repairer). 3. Records show that the applicant was assigned for duty in the Federal Republic of Germany for 12 months from 15 February 1969 to 14 February 1970; and was then assigned to the Republic of Vietnam on 24 April 1970. 4. On 4 April 1971, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E5 and had completed 2 years, 10 months and 26 days of creditable active duty. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar. It does not show award of the Combat Infantryman Badge. 6. In a separate action, while exhausting his administrative appeals, the applicant applied for addition of the Bronze Star Medal and the Army Commendation Medal to his DD Form 214. His request for the addition of these awards was approved on 19 July 2007 by the Army Board for Corrections of Military Records. 7. At the time the applicant was awarded the Army Commendation Medal and the Bronze Star Medal, he was assigned to the 159th Transportation Detachment, 101st Airborne Division. 8. 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 military occupational specialty. 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 U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, that in similar cases, 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: The Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who held an infantry MOS. They must also have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The applicant was classified as an Aviation Communication Equipment Repairer, MOS 35L. The applicant was assigned to a non-infantry unit, the 159th Transportation Detachment, 101st Airborne Division (Airmobile), while serving in Vietnam. There is no evidence to show that the applicant was assigned or attached to an infantry unit. There is no evidence he was ever awarded an infantry MOS while he served in Vietnam. Therefore, he is not eligible for award of the Combat Infantryman Badge for his service in Vietnam. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___YM___ ___EM___ __SP__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned for award of the Combat Infantryman Badge. ______Shirley L. Powell_______ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD 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. 2. 3. 4. 5. 6.