IN THE CASE OF: BOARD DATE: 12 October 2010 DOCKET NUMBER: AR20100009356 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 that he be awarded the Combat Infantryman Badge. 2. The applicant states he served in combat with Company C, 2nd Battalion, 199th Light Infantry Brigade as an infantryman and he is entitled to the Combat Infantryman Badge. 3. The applicant provides copies of two DD Forms 214 (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 was inducted into the Army of the United States on 5 June 1968. He completed the training requirements and he was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Headquarters, 199th Infantry Brigade Special Orders Number 115, dated 25 April 1969, show the applicant was discharged on 28 April 1969 for the purpose of immediate enlistment. He is shown to have been serving with Company C, 2nd Battalion, 3rd Infantry Regiment as a specialist four in MOS 11B. 4. The 28 April 1969 DD Form 214 shows he was honorably separated after he completed 10 months and 24 days of creditable active service with 22 days of service in Vietnam. He was awarded the National Defense Service Medal and the Vietnam Service Medal. 5. On 29 April 1969, he enlisted and he served until he was honorably released 16 December 1971 and transferred to the U.S. Army Reserve on in pay grade  E-5. Additionally, this DD Form 214 shows the following information: a. He had completed 3 years, 6 months, and 12 days of total active service with 11 months and 19 days of service in Vietnam; b. His MOS is shown as MOS 92B (Medical Laboratory Specialist); and c. He was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, Army Commendation Medal, and the Good Conduct Medal. 6. His DA Form 20 (Enlisted Qualification Record) provides the following information: a. promotion to specialist five (SP5) E-5 effective 13 October 1969; b. award of MOS 11B effective 25 October 1968 and 92B (Medical Laboratory Specialist) effective 7 October 1969; c. service in Vietnam from 7 April 1969 through 27 March 1970; d. assignment in Vietnam as a Medical Laboratory Specialist with the 6th Convalescent Center from 2 May 1969 through 28 March 1970; e. service during three campaign periods; and f. award of National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rife Bar. 7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states 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 served in combat with Company C, 2nd Battalion, 199th Light Infantry Brigade as an infantryman and is entitled to the Combat Infantryman Badge. 2. The available record documents slightly contradictory information as to which unit the applicant served with in Vietnam and for how long. 3. The applicant has not provided any evidence and the available record does not contain any evidence that shows he served in active ground combat as an infantryman assigned or attached to an infantry unit of brigade, regimental or smaller size. 4. Without verification of active ground combat as an infantryman, award of the Combat Infantryman Badge is not warranted. 5. 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) AR20100009356 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100009356 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1