BOARD DATE: 18 August 2009 DOCKET NUMBER: AR20090003217 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 that the Combat Infantryman Badge (CIB) be listed as an authorized award on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states that he never received the CIB, but he did have orders. 3. The applicant provides copies of his second DD Form 214, his reenlistment contract, and his final discharge orders from the U.S. Army Reserve (USAR). 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 inducted on 15 August 1968. He completed training in military occupational specialty (MOS) 11B as a light weapons infantryman and was stationed in Vietnam with C Company,1st Battalion, 502nd Infantry, 101st Airborne Division, on 11 March 1969. 3. On 20 April 1969, he was discharged to reenlist for Career Group 36 as a wire maintenance man. 4. His DD Form 214 for the period ending 20 April 1969 shows, in block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that his authorized awards were comprised of the National Defense Service Medal and the Vietnam Service Medal. 5. On 25 April 1969, he was assigned to Headquarters and Headquarters Battery, 101st Airborne Division Artillery as an ammunition handler in MOS 13A. 6. The applicant completed his tour of duty in Vietnam on 29 June 1970, returned to the U.S. and, on 12 January 1972, he was separated from active duty and transferred to the USAR Control Group (Reinforcement) as a specialist (E-4). 7. Block 24 of his second DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with five bronze service stars, [Republic of] Vietnam Campaign Medal with 1960 device, two Overseas Service Bars, Army Commendation Medal, Bronze Star Medal, and the Good Conduct Medal. 8. The applicant's DA Form 20 (Enlisted Qualification Record) indicates the same awards and also lists his marksmanship qualifications. 9. There are no available orders awarding the applicant the CIB. 10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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. Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: 1. The applicant states that he never received the CIB, but he did have orders. 2. Unfortunately, there are no available orders awarding the applicant the CIB. 3. Nevertheless, the applicant may be justifiably proud of his service. To have simply reenlisted and stayed in Vietnam is noteworthy; to have been awarded the Bronze Star Medal and the Army Commendation Medal during a single tour of duty as an enlisted Soldier is remarkable. 4. Unfortunately, there is no available documentation to support the applicant's contention and no rationale to support the conclusion the requested relief is warranted. 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) AR20090003217 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003217 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1