BOARD DATE: 20 May 2010 DOCKET NUMBER: AR20090018922 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 records to show award of the Combat Infantryman Badge (CIB). 2. The applicant states that although his DD Form 214 does not show he was assigned to an infantry unit he was on patrol daily, was combat proficiency trained, and it was his duty to protect his survey squad, and submits a VA Form 21-4138(Statement in Support of Claim) as his personal statement. 3. The applicant submitted a VA Form 21-4138, Certificate of Achievements, two pages of pictures, and a newspaper article in support of this application. 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 2 October 1968. He completed the required training and was awarded military occupational specialty (MOS) 76A (Special Purchase Equipment Repair Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 April 1969 to 22 April 1970 and was assigned to the 34th Engineer Battalion performing duties as a Construction Survey Recorder and an Engineer Parts Specialist. 4. Section 42 (Awards and Decorations) of his DA 20 (Enlisted Qualification Record) does not show award of the CIB. 5. The applicant submitted a copy of a Certificate of Achievement showing he successfully completed proficiency training from 11 to 16 May 1969, while in the RVN. 6. The applicant submitted pictures dated from 23 May to 6 June 1969. 7. The applicant submitted an undated newspaper article stating that Captain J__n M_____l, who was assigned to the 1st Infantry Division, talked about surviving an ambush in the RVN. 8. On 1 October 1971, the applicant was honorably discharged. He had completed 3 years of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he was entitled to the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, and Army Commendation Medal. This DD Form 214 does not show he was awarded the CIB. 9. Item 5 (Original DD Form 214 is Correct as Indicted Below) of the applicant's DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) show his record was corrected to add the Vietnam Service Medal with one bronze service star, RVN Campaign Medal w/ "60" Device, RVN Gallantry Cross w/ Palm Citation, Sharpshooter Badge with Auto Rifle Bar, and Marksman Badge with Rifle Bar. This DD Form 215 does not show he was awarded the CIB. 10. 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. 11. All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises. No other Soldier in combat is more exposed on a daily basis to the dangers and hardships of war and no other branch of the service suffers more casualties than the infantryman. To maintain the prestige, uniqueness, and traditional value of the Combat Infantryman Badge, the criteria for award has changed little over the years. While the exigencies of combat may require non-infantry Soldiers to temporarily perform the basic infantry duties that all Soldiers are taught, it does not serve as a basis for the award of the Combat Infantryman Badge. DISCUSSION AND CONCLUSIONS: Although the applicant submitted newspaper article about a captain in the 1st Infantry Division and pictures of the RVN, there is no evidence of record nor did he submit any evidence showing he held an infantry MOS, engaged in active ground combat, or was assigned to an infantry unit. Regrettably, there is insufficient evidence on which to base award of the CIB. 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) AR20090018922 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1