IN THE CASE OF: BOARD DATE: 17 March 2011 DOCKET NUMBER: AR20100023902 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 he served with the 11th Infantry Brigade in the Republic of Vietnam (RVN) in 1968. 3. The applicant provides a copy of his son's Report of Birth Aboard. 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 was inducted into the Army of the United States on 26 August 1969 and he was awarded MOS 12A (Pioneer) upon completion of training. 3. His DA Form 20 (Enlisted Qualification Record) shows the following: a. He served in the RVN from 15 April 1970 to 9 March 1971; and b. During his tour of duty in the RVN he was assigned to Company A, 7th Engineer Battalion, 1st Infantry Brigade, 5th Infantry Division (Mechanized) with duties as a Pioneer. 4. He was honorably released from active duty on 7 September 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training). 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Combat Infantryman Badge. 6. There are no official orders in his records that show award of the Combat Infantryman Badge. 7. The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing U. S. Army special orders issued between 1965 and 1973 for the Vietnam era, does not show award orders were published awarding the applicant the Combat Infantryman Badge. 8. The applicant provided a copy of his son's birth certificate which lists his address as the 11th Infantry Brigade, RVN, as of 4 October 1968. 9. 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 requests correction of his DD Form 214 to show award of the Combat Infantryman Badge. 2. His service in Vietnam is not in question. However, he held an engineer MOS and he was assigned as an engineer to Company A, 7th Engineer Battalion, 1st Infantry Brigade, 5th Infantry Division (Mechanized). Further, there is no available evidence confirming he held an infantry MOS and/or had been assigned to an infantry unit that was actively engaged in ground combat with the enemy. Accordingly, he is not entitled to the Combat Infantryman Badge. 3. In view of the foregoing, his request should be denied. 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) AR20100023902 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100023902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1