IN THE CASE OF: BOARD DATE: 14 October 2010 DOCKET NUMBER: AR20100010929 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. 2. The applicant states he was involved in combat operations while he was in the Republic of Vietnam. He states this in itself should have qualified him for a Combat Infantryman Badge. 3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 31 July 1975. 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 personnel records show he enlisted in the Regular Army on 9 June 1959 for a period of 3 years and served continuously on active duty until he retired. He had previously served 3 years, 11 months, and 3 days of active service in the U.S. Navy. 3. On 22 January 1962, the applicant was awarded primary military occupational specialty (MOS) 43E (Parachute Rigger). On 2 August 1967, he was awarded a secondary MOS 76P (Quartermaster Supply Specialist). 4. The applicant was assigned in the Republic of Vietnam from 24 May 1967 to 20 May 1968. He was assigned to: * Headquarters and Headquarters Company, 5th Special Forces Group from 27 May to 9 June 1967 as a quartermaster supply specialist * Company Combat Support and Transportation, 173rd Support Battalion from 9 June 1967 to 28 March 1968 as a parachute rigger * Company Combat Support and Supply, 173rd Support Battalion from 29 March to 18 May 1968 as a parachute rigger 5. On 31 July 1975, the applicant was released from active duty and placed on the Retired List the following day. He had completed a total of 20 years and 25 days of active service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Combat Infantryman Badge. 6. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 7. Appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era, infantry specialties for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should have been awarded the Combat Infantryman Badge. 2. The regulation specifies a recipient of the Combat Infantryman Badge must have an infantry MOS and must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 3. The applicant was not awarded an infantry MOS and he was not assigned or attached to an infantry unit of brigade, regimental, or smaller size. 4. The applicant's records show he was assigned duties in MOS 76P and MOS 43E during his assignments in the Republic of Vietnam. There is no evidence of record and the applicant has submitted no evidence that shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size while he was assigned in the Republic of Vietnam. Therefore, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge. 5. In view of the above, there is an insufficient basis on which to award the applicant the Combat Infantryman Badge. 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) AR20100010929 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010929 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1