IN THE CASE OF: BOARD DATE: 28 August 2012 DOCKET NUMBER: AR20120003679 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 award of the Combat Infantryman Badge. 2. The applicant states: * he went to Vietnam in 1965 on orders to the U.S. Military Assistance Command-Vietnam assigned to a special forces team in Kontum City * he participated in many operations and drew hostile fire pay * he spent 5 days in Plei Me in October 1965 while the base was under siege * he supported the special forces team as a security detail in Plei Me * he drove a vehicle from Quin to Pleiku that came under fire in the An Khe Pass and he returned fire with a .30-caliber machine gun * he supervised perimeter security at zone headquarters in Kontum in support of the 155-millimeter howitzers firing and he fired on many occasions 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and photographs. 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 records show he enlisted in the Regular Army on 21 July 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He served in Vietnam as a security guard with the U.S. Military Assistance Command-Vietnam from on or about 9 May 1965 to on or about 4 May 1966. 4. He was honorably released from active duty on 20 July 1967 and was transferred to the U.S. Army Reserve Control Group (Annual Training). 5. His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 6. There are no special orders that show he was awarded the Combat Infantryman Badge. 7. He provides several photographs of Soldiers. 8. 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. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 9. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 2. The applicant's sincerity and service in Vietnam in an infantry MOS is not in question. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy. Therefore, there is insufficient evidence upon which to base 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 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) AR20120003679 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003679 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1