IN THE CASE OF: BOARD DATE: 20 April 2010 DOCKET NUMBER: AR20090018038 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 that he served as an infantry Soldier in Vietnam but the Combat Infantryman Badge is not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214, dated 17 November 1970. 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 he enlisted in the Regular Army on 18 November 1968. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His records also show he served in the Republic of Vietnam from on or about 25 April 1969 to on or about 5 April 1970. He was assigned to Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division. 4. He was honorably released from active duty on 17 November 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, 2 overseas service bars, Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), Republic of Vietnam Cross Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Item 24 does not show the Combat Infantryman Badge. 6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge. 7. There are no official orders in his records that show he was awarded the Combat Infantryman Badge. 8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant. 9. 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 (Decorations and Awards) 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: The applicant's infantry MOS and his service in the Republic of Vietnam are not in question. However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was an active participant in ground combat while assigned to an infantry unit. In the absence of evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case. 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 him in service to our Nation. 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) AR20090018038 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090018038 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1