IN THE CASE OF: BOARD DATE: 4 January 2011 DOCKET NUMBER: AR20100018098 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 awarded the Combat Infantryman Badge (CIB). 2. The applicant states he served in combat in Vietnam as an infantryman and should have been awarded the CIB. However, his records do not reflect it and he needs his records to show his actual service in order to receive disability benefits from the Department of Veterans Affairs. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 in Los Angeles, California, on 21 December 1965. He completed basic training and advanced individual training as a light weapons infantryman at Fort Ord, California. He was transferred to Fort Lewis, Washington, for assignment to Company D, 58th Infantry Regiment. 3. On 9 November 1966, he was transferred to Vietnam with his unit and his unit was attached to the 93rd Military Police Battalion at Qui Nhon as a rifle security company. 4. On 22 May 1967, he was advanced to pay grade E-4 in Special Orders Number 88 issued by Headquarters, 93rd Military Police Battalion. 5. On 1 August 1967, nonjudicial punishment was imposed against him for disobeying a lawful order from a superior noncommissioned officer not to bring reading material or to posses reading material on his post at the ammunition storage depot. 6. He departed Vietnam on 7 November 1967 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) as an overseas returnee. He had 1 year, 10 months, and 17 days of total active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Good Conduct Medal. 7. A review of his records failed to reveal the applicant was ever awarded the CIB or that he was ever engaged with the enemy in combat. 8. Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. DISCUSSION AND CONCLUSIONS: 1. While the sincerity of the applicant's claim is not in doubt, it is difficult at best to determine without supporting evidence 40+ years after the fact what actually happened in his case or to what extent his involvement in Vietnam actually was. 2. Although the applicant possessed the military occupational specialty of an infantryman and was assigned to an infantry unit in Vietnam, the available evidence fails to show he engaged the enemy in combat. Absent such evidence, there appears to be no basis to award him the CIB at this time. 3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. ____________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) AR20100018098 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018098 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1