IN THE CASE OF:	  

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013006 


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 that his records be corrected to reflect award of the Combat Infantryman Badge.

2.  The applicant states that he earned and deserved the badge.  He also states that he was awarded the badge, but the orders never made it to the States.

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.  Records available to the Board indicate the applicant was inducted and entered active duty on 17 February 1971.  He was trained in military occupational specialty (MOS) 11F (infantry operations and intelligence specialist).

3.  Upon completion of training, in January 1972 the applicant was assigned to Vietnam.  He initially performed duties as a squad leader in duty MOS 11B with the 12th Cavalry and in January 1972 was assigned duties in his primary MOS 11F.

4.  In August 1972 the applicant departed Vietnam and was assigned to Fort Bliss, Texas.  On 16 February 1973 the applicant was released from active duty with an honorable characterization of service.  There is no indication in available records that he was ever recommended for or awarded the Combat Infantryman Badge. 

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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides 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.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that permanent awards of badges, except basic marksmanship qualification badges and identification badges, would be announced in special orders by commanders authorized to make the award.  Today, Army Regulation 600-8-22 states that such badges will be announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant held an infantry specialty and served in an infantry unit while stationed in the Republic of Vietnam, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for correcting his record to reflect this award.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 that 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)                                         AR20090013006



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ABCMR Record of Proceedings (cont)                                         AR20090013006



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