IN THE CASE OF: BOARD DATE: 14 October 2010 DOCKET NUMBER: AR20100010927 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, award of the Combat Infantryman Badge. 2. He states, in effect, he should have been awarded the Combat Infantryman Badge for his duty in Vietnam as a demolitions specialist attached to the 1st Cavalry, 101st Airborne. He was responsible for searching and sweeping the roads for mines, grenades, snipers, booby traps, and detonating mines. He was on the front line, carried a weapon and explosives, and used both. He did not know the significance or understand the importance of military ribbons or medals until he joined the Disabled American Veterans. 3. He provides no additional documentation 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 2 April 1968. He completed training and he was awarded military occupational specialty (MOS) 12B (demolitions specialist). He served in Vietnam from 1 September 1968 through 23 August 1969. He was assigned to Company D, 14th Engineer Battalion. 3. He was honorably released from active duty in pay grade E-4 on 23 March 1970, for early separation, and transferred to the U.S. Army Reserve Control Group (Reinforcement). 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed forces of the United States Report of Transfer or Discharge) does not list the Combat Infantryman Badge. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge. 5. There is no evidence in his records that shows he held an infantry MOS or was assigned to an infantry unit or participated in ground combat during his period of service in Vietnam. There are no orders in his records awarding him the Combat Infantryman Badge. 6. Army Regulation 600-8-22 (Military Awards) specifies 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 (Awards and Decorations) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 7. USARV Regulation 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” DISCUSSION AND CONCLUSIONS: 1. To be entitled to award of the Combat Infantryman Badge, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and must have served in active ground combat while assigned or attached to this infantry unit. 2. The evidence of record shows he completed training and he was awarded MOS 12B and served in that MOS during his period of service in Vietnam. There is no evidence of record and he did not provide any evidence that confirms he served in an infantry MOS and he participated in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size during his period of service in Vietnam. Therefore, he is not entitled to 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) AR20100010927 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010927 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1