IN THE CASE OF: BOARD DATE: 28 February 2012 DOCKET NUMBER: AR20110017984 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. He states he arrived in Vietnam as an 11B (Light Weapons Infantryman), but due to the shortage of combat engineers he was attached to the 86th Engineer Battalion. He adds he was attached to the battalion from January to April 1969 and subsequently transferred to the 199th Infantry Brigade. He states his unit engaged in combat with the enemy on numerous occasions, but he was never issued the CIB. 3. He provides his self-authored statement and DD Form 214. 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 9 August 1968. After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B. He served in Vietnam from 13 January 1969 to 12 January 1970. He was honorably released from active duty on 7 August 1970 and credited with 1 year, 11 months, and 29 days of active duty service. 3. Item 22 (MOSs) of his DA Form 20 (Enlisted Qualification Record) shows his MOS was changed to 12B (Combat Engineer) on 12 April 1969. 4. During his tenure of service in Vietnam he was assigned to the following units in the following MOSs: a. Company A, 86th Engineer Battalion, from 19 January 1969 to 8 March 1969 in MOS 12A (Pioneer). b. Company A, 86th Engineer Battalion, from 9 March 1969 to 27 April 1969 in MOS 12B. c. Company B, 5th Engineer Battalion, 12th Infantry Regiment, 199th Infantry Brigade, from 1 May 1969 to 16 October 1969 in MOS 12B. d. Headquarters and Headquarters Company, 199th Infantry Brigade, from 17 October 1969 to 9 January 1970 May 1969 to 16 October 1969 in MOS 12B. 5. Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB. 6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. DISCUSSION AND CONCLUSIONS: There is no evidence in the available records to show the applicant was awarded or entitled to award of the CIB. The evidence of record shows he was awarded MOS 11B after advanced individual training, but in April 1969, his MOS was changed to 12B. Even though the applicant served with the 199th Infantry Brigade, he was assigned and served as a 12B. In view of this fact, there is an insufficient basis for 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) AR20110017984 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017984 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1