IN THE CASE OF:	  

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110018310 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states a personnel clerk at the U.S. Army Personnel Center in Oakland, CA told him he was authorized the Combat Infantryman Badge during his out-processing.  The award was placed on his uniform but he was never issued a DD Form 215 (Correction to DD Form 214). 

3.  The applicant provides his DD Form 214, effective 12 November 1971.

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's records show he was inducted into the Army of the United States on 21 April 1970 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of training.

3.  His DA Form 20 shows:

	a.  he served in the Republic of Vietnam (RVN) from on or about 14 October 1970 to 19 November 1971; 

	b.  during his tour of duty in the RVN he was assigned to:

* Data Service Center, with duties as a data analyst specialist
* Headquarters Company, Special Troops, with duties as a tower guard

	c.  item 41 (Awards and Decorations) does not show ward of the Combat Infantryman Badge.

4.  He was honorably released from active duty on 23 November 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).

5.  There are no official orders in his records that show award of the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Combat Infantryman Badge.

2.  The award of the Combat Infantryman Badge requires the Soldier to be an infantryman performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.

3.  The available record shows during his period of service in the RVN he was not assigned to an infantry unit.  He performed the duties of a data analyst and a tower guard.  There is insufficient evidence to award the Combat Infantryman Badge.

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)                                         AR20110018310



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ABCMR Record of Proceedings (cont)                                         AR20110018310



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