IN THE CASE OF: BOARD DATE: 14 August 2012 DOCKET NUMBER: AR20120002706 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 issuance of a DD Form 215 (Correction to DD Form 214 (Armed Forces of United States Report of Transfer or Discharge)) to show the Combat Infantryman Badge (CIB). 2. He states he received the CIB in Vietnam, but his DD Form 214 does not reflect this award. 3. He 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. He enlisted in the Regular Army on 2 January 1969. After completion of training, he served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from August 1970 to August 1971. He was assigned to 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, and performed duties in MOS 11C during his entire tour of duty. 4. His record contains a DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice) which shows he accepted nonjudicial punishment (NJP) on 27 March 1971 for being absent without leave (AWOL) from 16 to 26 March 1971 while serving in Vietnam. The applicant signed this form indicating he did not appeal the punishment or the offense. 5. There is no indication in the available record he was recommended for or awarded the CIB. 6. He was honorably released from active duty on 5 August 1971. 7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman. The CIB is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat." This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 8. Army Regulation 600-8-22 (Military Awards) states the definition of the requirement to be "engaged in active ground combat" has generated much dialogue over the years as to the original intent of the CIB. It further states the 1943 War Department Circular required infantrymen to demonstrate "satisfactory performance of duty in action against the enemy." DISCUSSION AND CONCLUSIONS: 1. The applicant contends he received the CIB while serving in Vietnam and requests correction of his records by adding this award. His record is void of evidence and he has not provided any to show he was recommended for or awarded the CIB at any time. 2. Furthermore, U.S. Army Vietnam Regulation 672-1 specifically stated award of the CIB identified the man who trained, lived, and fought as an infantryman. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat." 3. Although the available evidence shows he was assigned to an infantry unit and performed duties in MOS 11C while serving in Vietnam, his record contains a DA Form 2627-1 which indicates he was administered NJP for being AWOL during his tour of duty. He exercised poor judgment in that his proper place of duty was with his unit. 4. In view of the foregoing and without orders showing he was awarded the CIB, he is not entitled to the requested relief. 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 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) AR20120002706 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1