IN THE CASE OF: BOARD DATE: 15 May 2012 DOCKET NUMBER: AR20110022885 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 the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 April 1970. 2. The applicant states he received orders for the Combat Infantryman Badge when he came home from Vietnam, but he cannot find them. Due to his leaving Vietnam early, orders for the Combat Infantryman Badge were not cut in-country. 3. The applicant provides no additional evidence in support of his application. 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. He enlisted in the Regular Army on 16 September 1968 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). 3. He served in the Republic of Vietnam from 30 September 1969 to 31 March 1970. He was assigned the duties of a squad leader while assigned to: * Troop E, 17th Cavalry, 173rd Airborne Brigade from 3 October 1969 to 2 January 1970 * Company C, 1st Battalion (Airborne), 503rd Infantry from 3 January to 31 March 1970 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge. 5. There are no orders in his military personnel records jacket (MPRJ) awarding him the Combat Infantryman Badge. 6. On 1 April 1970, he was released from active duty by reason of hardship. He completed 1 year, 6 months, and 16 days of active service that was characterized as honorable. 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 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 Regulation 672-1 (Decorations and Awards) 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 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. 2. He held MOS 11D and was assigned the duties of squad leader while he was assigned to an infantry company in the Republic of Vietnam. However, there is no evidence of record and he did not submit any substantive evidence that shows he served in active ground combat while assigned to this company. 3. In view of the foregoing, there is an insufficient evidentiary basis for awarding him the Combat Infantryman Badge in this case. 4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant 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) AR20110022885 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110022885 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1