IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20080009728 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, that he be issued a DD Form 215 (Correction to DD Form 214 [Armed Forces of the United States Report of Transfer or Discharge]) to show his award of the Combat Infantryman Badge. 2. The applicant states, in effect, that he was a Combat Infantryman in Vietnam in 1966 through 1967 with an MOS (military occupational specialty) of 11B20. He engaged in combat with the enemy. His original DD Form 214 does not show his award of the Combat Infantryman Badge. 3. The applicant provides a copy of his DD Form 214 in support of his request. 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 record shows he was inducted on 14 December 1965. He was trained as a Light Weapons Infantryman, in MOS, 11B. He was promoted to specialist (SPC/E-4) effective 24 January 1967. 3. The applicant served in Vietnam from 1 June 1966 to 26 May 1967. He served until he was honorably released from active duty on 13 December 1967.  4. The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal with Device (1960); one Overseas Service Bar; the Expert Marksmanship Qualification Badge, with Machinegun Bar (M-60 MG); and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14). His DD Form 214 does not show any additional awards. 5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge as an authorized award in item 41 (Awards and Decorations).  6. The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Combat Infantryman Badge. 7. The applicant provided no orders to show he received the Combat Infantryman Badge as he indicated in his application to the Board. 8. The applicant's DA Form 20, item 38 (Record of Assignments), shows the applicant served as a security guard, in MOS 11B20, with Advisory Team 95, III Corps, Advisory Group, USMACV-USARPAC (United States Army Military Assistance Command, Vietnam – United States Army Pacific Command). 9. Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers, and to enlisted and warrant officer personnel 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. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: 1. The evidence shows that the applicant held an infantry MOS and was assigned as a security guard with Advisory Team 95, III Corps, Advisory Group, USMACV-USARPAC; however, there is no evidence, and the applicant provided none to show he served in active ground combat with an infantry unit serving in Vietnam. 2. In his application to the Board, the applicant stated, "I request a DD Form 215 showing my award of the Combat Infantryman Badge." There is no evidence orders were ever published and that he was ever awarded the Combat Infantryman Badge. He is therefore not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214. 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) AR20080009728 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080009728 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1