BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160003890 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. 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. BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160003890 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 January 2018 DOCKET NUMBER: AR20160003890 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: * the addition of an already-awarded Combat Infantryman Badge to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 October 1970 * if no orders are found, award him the Combat Infantryman Badge 2. The applicant states he was never issued a Combat Infantryman Badge, even though he served in Vietnam as a member of an infantry unit for more than 30 days. a. He provides morning reports (DA Forms 1) for the 2 months he was in the infantry unit. These records show a lot of his fellow Soldiers were wounded or killed in action. b. He was medically evacuated due to contracting hepatitis. He is now "pushing 70 years old" and needs help in getting the care he requires from the Department of Veterans Affairs (VA) hospital. c. He knows there are general orders someplace that show he was awarded the Combat Infantryman Badge. One of his local newspapers carried the story about the award. He paid a private researcher to find the morning reports that he is including with his application. 3. The applicant provides: * page 4 of a DA Form 20 (Enlisted Qualification Record) * 12 DA Forms 1 (Morning Report), dated between 23 January and 10 March 1969 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 1 August 1968. He held two military occupational specialties (MOS) while on active duty: 11C (Indirect Fire Crewman, Infantry) and 11E (Armor Crewman). 3. His available service record includes a DA Form 20, which shows the following: a. Item 31 (Foreign Service) indicates he served in Vietnam from 3 January to 13 March 1969. b. Item 38 (Record of Assignments) reflects: (1) While in Vietnam, he was assigned to Company D, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division. He served in MOS 11C. (2) Effective 13 March 1969, he was reassigned in a patient status to "Camp Scama" (sic, Zama), Japan. (3) There are no entries showing his conduct and/or efficiency for the period he was in Vietnam. c. Item 41 (Awards and Decorations) does not show the Combat Infantryman Badge. 4. He was honorably released from active duty due to reaching the expiration of his term of service on 4 October 1970. His DD Form 214 shows he completed 2 years of net active creditable service. He was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, and a letter of appreciation. 5. The applicant provides twelve DA Forms 1, dated between 23 January and 10 March 1969 that reflect daily unit strength, gains, and losses for Company D, 3rd Battalion, 8th Infantry Regiment. a. Of the twelve pages, one dated 22 through 23 January 1969 shows the applicant's arrival from the replacement detachment. The report dated 9 through 10 March 1969 indicates he was medically evacuated (the reason for evacuation is not noted). b. Numerous reports show medical evacuations (though not showing cause), and identify Soldiers who were either killed or wounded in action. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge (or any other award) pertaining to the applicant. REFERENCES: 1. 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 military occupational specialty (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. 2. AR 672-5-1 (Awards), in effect at the time, stated badges (to include the Combat Infantryman Badge) were announced using special (not general) orders. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Neither the evidence of record nor the applicant offer published orders showing he was awarded the Combat Infantryman Badge. 2. There are three requirements for award of the Combat Infantryman Badge. a. Be an infantryman satisfactorily performing infantry duties: the applicant held infantry MOS 11C and appears to have satisfactorily performed his infantry duties. b. Must be assigned to an infantry unit during such time as the unit is engaged in active ground combat. He was assigned to Company D, 3rd Battalion, 8th Infantry Regiment, and based on the morning reports, his unit was involved in ground combat because there were Soldiers who were either killed or wounded in action. c. Must actively participate in such ground combat (campaign or battle credit alone is not sufficient): The applicant's records do not provide the details, nor does the applicant offer supporting documentation clearly verifying his own active participation in ground combat with hostile forces. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160003890 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003890 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2