IN THE CASE OF: BOARD DATE: 11 May 2010 DOCKET NUMBER: AR20090020512 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 (CIB). 2. The applicant states that he was awarded the CIB during his service with 3rd Battalion, 12th Infantry, 4th Infantry Division, from December 1967 to December 1968; however, his DD Form 214 does not show this award. 3. The applicant provides a copy of his DD Form 214 for the period ending 11 July 1969. 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 14 July 1967. This form also shows at the time of his release from active duty, he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 4. His DD Form 214 also shows he completed 1 year, 11 months, and 28 days of creditable active service, of which 11 months and 23 days was foreign service within the U.S. Army Pacific Command. 5. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 11 July 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. 6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 7. No orders in his reconstructed records show he was awarded the CIB. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 CIB pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) provides that the CIB 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 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's infantry MOS and/or his service in 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 awarded the CIB or that he was an active participant in ground combat while assigned to an infantry unit. 2. In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to show award of the CIB in this case. 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) AR20090020512 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090020512 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1