IN THE CASE OF: BOARD DATE: 20 July 2010 DOCKET NUMBER: AR20100007232 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 the award of the Combat Infantryman Badge (CIB). 2. The applicant states he is entitled to the CIB because he was assigned as an 11B (Light Weapons Infantryman) to Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, in the Republic of Vietnam (RVN) from May 1968 through February 1969 and his unit engaged the enemy in hostile fire. He further states that during his 14-month tour of duty he was based in Pleiku and fought in the central highlands in the cities of Dakto, Kon Tum, and others. He was involved in a firefight and recovered the body of a fellow Soldier in November 1968. Finally, he states he is involved in post-traumatic stress disorder counseling. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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. The applicant's military records show he was inducted into the Army of the United States on 4 December 1967. He was trained in and awarded military occupational specialty (MOS) 11B. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from on or about 1 June 1968 to on or about 5 July 1969. His duty MOS during that period was 11B and he was assigned to the following units: * Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division * Headquarters, and Headquarters Company, 3rd Brigade, 4th Infantry Division 4. The applicant was honorably released from active duty on 7 July 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 4 days of creditable active service. 5. Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority. 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 Military Awards Branch of the United States Army Human Resources Command failed to reveal orders for the Combat Infantryman Badge. 7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 states that there are three basic requirements for the CIB. The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. It further states that combat service alone is not a sufficient basis to support award of the CIB. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to be awarded the CIB was carefully considered; however, there is insufficient evidence to grant relief. 2. The evidence of record shows that during the applicant's service in the RVN, he held MOS 11B and was assigned to an infantry unit, Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division. However, there is no evidence that he served in active ground combat while assigned to this unit. In view of the available evidence, the applicant does not meet the criteria for award of the CIB. 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) AR20100007232 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100007232