IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004107 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. 2. The applicant states he served in the Republic of Vietnam (RVN) in 1968 and 1969 and he earned the Combat Infantryman Badge. However, the badge is not recorded on his DD Form 214. 3. The applicant provides no additional documentary evidence in support of his application. 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 enlisted and entered active duty on 22 November 1966 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (Military Occupational Specialty (MOS)), he was awarded MOS 76A (Supply Clerk) on 24 March 1967; b. item 31 (Foreign Service), he served in Vietnam from 13 March 1968 through 3 April 1969; and c. item 38 (Record of Assignments), he served in Duty MOS 76A1O (Supply Clerk) while assigned to: * Company B, 93rd Engineer Battalion (Construction), from 17 March 1968 through 9 February 1969 * Company C, 93rd Engineer Battalion (Construction), from 10 February through 2 April 1969 d. Item 41 (Awards and Decorations) does not show the Combat Infantryman Badge. 4. The applicant's DD Form 214 shows he was honorably released from active duty on 10 May 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. a. He had completed 3 years of total active service this period that included 1 year and 21 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was authorized or awarded the Combat Infantryman Badge. 5. A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Combat Infantryman Badge. 6. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Paragraph 8-6 contains the regulatory guidance for the Combat Infantryman Badge. It states 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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 7. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show award of the Combat Infantryman Badge because he served in the RVN. 2. The applicant's request for award of the Combat Infantryman Badge was carefully considered. a. There are no orders or other evidence in the applicant's military service records that show he was awarded the Combat Infantryman Badge. b. Records show the applicant was awarded MOS 76A (Supply Clerk) and he served in Duty MOS 76A while assigned to the 93rd Engineer Battalion (Construction) during his tour of duty in the RVN. c. The regulatory guidance governing award of the Combat Infantryman Badge that was in effect at the time is clear. Specifically, it shows that award of the Combat Infantryman Badge was limited to infantrymen satisfactorily performing infantry duties, while assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; he must actively participate in such ground combat. d. Therefore, in view of the foregoing, there is an insufficient basis to support the applicant's claim for 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: 1. 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. 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 our Nation during the Vietnam Conflict. 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) AR20150004107 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004107 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1