IN THE CASE OF: BOARD DATE: 31 December 2013 DOCKET NUMBER: AR20130008292 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, while assigned to 1st Battalion, 506th Infantry, he served as an infantryman in combat from 1970 through 1971. It is an error that his DD Form 214 does not show the CIB. 3. The applicant provides 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. On 19 May 1970, he was inducted into the Army of the United States. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was advanced to the rank of specialist four/pay grade E-4. 3. His DA Form 20 shows in: a. item 31 (Foreign Service) he was credited with service in Vietnam from 26 October 1970 to 25 October 1971; b. item 38 (Record of Assignments) during his service in Vietnam he was assigned to: * Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Infantry, from 10-22 November 1970 in duty MOS 11B with principal duties as a rifleman * Company B, 1st Battalion (Airmobile), 506th Infantry, from 23 November 1970 to 20 October 1971 in duty MOS 11B with principal duties as a rifleman 4. On 2 December 1971, he was honorably released from active duty as an early release overseas returnee after completing 1 year, 6 months, and 14 days of active service. His DD Form 214 does not show the CIB. 5. His record is void of documentation showing he served in active ground combat or received any decorations for valor or gallantry in combat action during his service in the Republic of Vietnam. 6. Army Regulation 600-8-22 (Military Awards) states the CIB 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he served in combat as an infantryman in Vietnam. 2. His record shows he served in an infantry battalion in Vietnam in duty MOS 11B with principal duties as a rifleman. However, aside from his own statement, there is no evidence of record to show he ever served in active ground combat. Therefore, there is an insufficient basis upon which to award him the CIB and add this badge to his DD Form 214 at this time. 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) AR20130008292 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008292 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1