IN THE CASE OF: BOARD DATE: 29 December 2010 DOCKET NUMBER: AR20100016594 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 that his award of the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he earned the Combat Infantryman Badge for his service in Vietnam. 3. The applicant provides a copy of his DD Form 214. 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 in the Army of the United States on 14 March 1968, completed training, and was awarded primary military occupational specialty (MOS) 11B (Light Weapons Infantryman) and a secondary MOS of 62E (Construction Machine Operator). 3. He served in Vietnam with the 1st Battalion, 327th Infantry Regiment as a squad leader duty MOS 11B from 9 July 1969 through 5 March 1970 with participation during two campaign periods. 4. Headquarters, 101st Airborne Division General Orders Number 12225, dated 19 September 1969, awarded the applicant the Air Medal for meritorious achievement on 10 August 1969. 5. Headquarters, 101st Airborne Division General Orders Number 1029, dated 3 February 1970, awarded the applicant the Bronze Star Medal for meritorious service from 1 April 1969 to 31 January 1970. 6. He was honorably released from active duty on 5 March 1970 with 1 year, 11 months, and 22 days of creditable active service and no lost time. His DD Form 214 lists his awards as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machinegun Bar, Vietnam Service Medal, Air Medal, Army Commendation Medal, and the Bronze Star Medal. 7. 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. A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. 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 states he earned the Combat Infantryman Badge for his service in Vietnam. 2. While the applicant is shown to have served in an infantry MOS with an infantry unit of brigade, regimental or smaller size, there is no evidence he personally present and under hostile fire. 3. Therefore, there is insufficient evidence to award the applicant 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) AR20100016594 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100016594 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1