IN THE CASE OF: BOARD DATE: 24 April 2012 DOCKET NUMBER: AR20110021730 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 (CIB). 2. The applicant states, in effect, he earned the badge while serving with Company D, 3d Battalion, 12th Infantry of the 4th Infantry Division. He further states that his military occupational specialty (MOS) was changed to 64B2O just prior to leaving Vietnam as an opportunity to transfer out of the infantry so he could finish his service at Fort Riley, Kansas. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214), dated 8 June 2010 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 27 March 1967, and trained in and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 August 1967 through 2 September 1968. It also shows he was promoted to specialist four/E-4 on 15 April 1968, and this is the highest rank he attained while serving on active duty. 4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his RVN tour he was assigned to Company A, 3d Battalion, 12th Infantry, where he performed duties in MOS 11B as a rifleman. Item 38 further shows he received “excellent” conduct and efficiency ratings during all of his active duty assignments. Item 41 (Awards and Decorations) does not include the CIB in the list of earned awards. 5. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the CIB to him. 6. On 26 March 1969, the applicant was honorably released from active duty (REFRAD), in the rank of SP4/E-4, after completing 2 years of active military service. The DD Form 214 he was issued upon his REFRAD shows he earned the following awards during his active duty tenure: * National Defense Service Medal * One Overseas Service Bar 7. The applicant's records contained a DD Form 215, dated 8 June 2010, which corrected his records to include the following awards for his service in the RVN: * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge 8. Army Regulation 600-8-22 (Military Awards) states 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the CIB was carefully considered. Unfortunately, without orders showing he received the CIB or evidence showing he served in active ground combat while performing infantry duties, there is insufficient basis for correcting his record to show he was awarded the CIB. 2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He and all Americans should be justifiably proud of his service in arms. 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) AR20110021730 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110021730 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1