IN THE CASE OF: BOARD DATE: 28 July 2009 DOCKET NUMBER: AR20090004513 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 he be awarded the Combat Infantryman Badge. 2. The applicant states he should have been awarded the Combat Infantryman Badge. 3. The applicant provides copies of a Bronze Star Medal Award Certificate, a citation for the Bronze Star Medal with "V" Device and one Oak Leaf Cluster, and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 in the Regular Army on 25 October 1968, completed training, and, effective 7 March 1969, was awarded the military occupational specialty (MOS) 12A (Pioneer). On 12 January 1970, his MOS was changed to 12B (Combat Engineer). 3. The applicant was promoted to sergeant (E-5) effective 5 November 1970. 4. Headquarters, 173rd Airborne Brigade General Orders Number 145, dated 20 January 1971, awarded the applicant the Bronze Star Medal for meritorious service. 5. Headquarters, 173rd Airborne Brigade General Orders Number 1137, dated 19 May 1971, awarded the applicant the Bronze Star Medal with "V" Device and one Oak Leaf Cluster for his actions on 3 April 1971, while serving as an engineer with Company D, 4th Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade. 6. The applicant was honorably released from active duty on 29 May 1971. The DD Form 214 shows his awards as the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Bronze Star Medal, and the Republic of Vietnam Campaign Medal with Device (1960). 7. His DA Form 20 (Enlisted Qualification Record) shows the applicant served in Vietnam with the 173rd Engineer Company, 173rd Airborne Brigade from 27 April 1970 through 25 May 1971. His authorized awards are listed as the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Bronze Star Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His conduct and efficiency ratings are recorded as "excellent." There are no derogatory comments on the DA Form 20 or in the record. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. It states that 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. Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge 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 he should have been awarded the Combat Infantryman Badge. 2. The record does not contain and the applicant has not provided any documentation to show that he was awarded an infantry MOS. Therefore, he is not eligible for award of the Combat Infantryman Badge. 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 ____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) AR20090004513 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004513 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1