RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070013076 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Mr. David K. Haasenritter Chairperson Mr. James R. Hastie Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, he served in Vietnam with Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, 23rd Infantry Division (Americal). He adds that he was in combat with this unit and is, therefore, entitled to the CIB. 3. The applicant provides the following additional documentary evidence in support of his application: a. a self-authored memorandum, dated 5 September 2007, addressed to the National Personnel Records Center; b. Headquarters, Americal Division, General Orders Number 5595, dated 23 June 1969, awarding him the Army Commendation Medal; and c. an extract from the "Army Times", dated 9 February 2007. 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 a Regular Army (RA) staff sergeant (SSG)/E-6. He retired for length of service on 31 March 1988 with 20 years and 7 days of creditable active Federal service from two separate periods of active service – 6 February 1968 through 5 February 1971, and 24 March 1971 through 31 March 1988. 3. During his first period of RA service, the applicant officially held only one military occupational specialty (MOS), that of 71T (Maintenance Data Specialist). The record shows he served in the Republic of Vietnam from 2 April 1969 to 1 April 1970 with Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, 23rd Infantry Division. 4. The applicant's records do not contain a DA Form 20 (Enlisted Qualification Record). This document would have shown any other MOS in which the applicant many have served. 5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period covering his Republic of Vietnam service does not show award of the CIB. There are no orders in his service personnel records which show that he was awarded an infantry MOS or the CIB. 6. The submitted Army Times article, dated 9 February 2007, comments on expanding award of the Combat Infantryman Badge to infantry and Special Forces Soldiers who serve as advisors or trainers to certain Afghan national army and Iraqi army units. It also states that to qualify, the Soldier must have been personally present and participated in combat operations. 7. The applicant submitted a copy of memorandum, dated 5 September 2007, that he addressed to the National Personnel Records Center, describing his combat missions while assigned to the 1st Battalion, 21st Infantry in the Republic of Vietnam. 8 Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: 1. The applicant requests he be awarded the CIB. In order to be awarded the CIB, he must have been awarded an infantry MOS, and he must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 2. Based upon the available evidence, the applicant's entitlement to the CIB cannot be determined. While it is true he was assigned to a qualifying infantry unit – Company B, 4th Battalion, 21st Infantry, 11th Infantry Brigade, 23rd Infantry Division – there is no record he possessed an infantry MOS or that he engaged in active ground combat. 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 __dkh___ __jrh___ __eem___ 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. David K. Haasenritter ______________________ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.