IN THE CASE OF:  	  

		BOARD DATE:  10 September 2015	  

		DOCKET NUMBER:  AR20150003099 


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 award of the Combat Infantryman Badge.

2.  The applicant states:

   a.  He did not know about the Combat Infantryman Badge until he was recently discussing it at a local Veterans Service Center, while in individual and group counseling for long term post-traumatic stress disorder effects.

   b.  He arrived in Vietnam in June 1967 in an infantry military occupational specialty (MOS).

	c.  He was on patrol three times, guard duty four times, kitchen patrol twice, and "s___" burning detail once.

	d.  Until he was promoted to specialist (E-4) he served in ground operations in patrols and guard duty.

	e.  He was later promoted to specialist five (E-5) as a clerk stenographer.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).


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 on 10 January 1967.  He completed training as a light weapons infantryman (11B10).  He arrived in Vietnam on 18 June 1967 and he was assigned to Headquarters and Headquarters Company, 1st Infantry Division as a clerk typist on 1 July 1967.

3.  Special Orders Number 264 were published on 21 September 1967 withdrawing his 11B10 military occupational specialty (MOS) and awarding him MOS 71B30 (clerk typist).

4.  On 15 June 1968, the applicant departed Vietnam en-route to the United States.  He was honorably discharged on 9 September 1969 at the expiration of his term of service.  His DD Form 214 shows the following awards:

* Army Commendation Medal (First Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Two Overseas Service Bars
* Good Conduct Medal 
* Armed Forces Honor Medal with 2nd Class
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)

5.  A review of the available records failed to reveal any evidence that he served in active ground combat while he was in Vietnam.

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 (USARV) Regulation 672-1 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's contentions have been noted.

2.  There is no evidence in the available record and the applicant has not provided any evidence showing that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

3.  The available record shows that he was performing duties as a clerk typist during most of his service in Vietnam.  He was awarded a clerk typist MOS on 27 September 1967.  He is not authorized award of 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)                                         AR20150003099



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ABCMR Record of Proceedings (cont)                                         AR20150003099



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