IN THE CASE OF: BOARD DATE: 15 October 2009 DOCKET NUMBER: AR20090012685 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 award of the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, that he served in combat with the 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, while on active duty in the Republic of Vietnam and that he deserves the CIB for what he did in Vietnam as an infantryman. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a partial extract of his Department of Veterans Affairs Rating Decision in support of his request. 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’s records show that he was inducted into the Army of the United States and he entered active duty on 21 April 1967. After completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). In February 1968 he was assigned to Company A, 1st Battalion, 6th Infantry in Vietnam. The applicant’s records show that he was retrained and he was awarded MOS 94A (Cook) on 23 December 1968. 3. On 1 February 1969 the applicant was released from active duty as an overseas returnee. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) of his DD Form 214 does not reflect entitlement to the Combat Infantryman Badge and his Official Military Personnel File (OMPF) does not contain any documents showing the applicant was ever awarded the Combat Infantryman Badge. His award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal on his DD Form 214 confirms his service in Vietnam. 4. 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 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 U.S. Army Vietnam Regulation 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 contends that he should be awarded the Combat Infantryman Badge based on his combat service in Republic of Vietnam. 2. Although the applicant held an infantry MOS and he served in an infantry unit while stationed in the Republic of Vietnam, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for awarding him the Combat Infantryman Badge or correcting his records to show this award. 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 the aforementioned requirement. 4. In view of the foregoing, there is no basis for granting the applicant's requested relief. 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) AR20090012685 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012685 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1