BOARD DATE: 17 October 2013 DOCKET NUMBER: AR20130004206 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. The applicant states the award was left off his DD Form 214 and it should be added due to his service in Con Tom, Vietnam. 3. The applicant provides a Department of Veterans Affairs (VA) Rating Decision, dated 18 December 1996. 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 enlisted in the Regular Army on 24 August 1966 and he was awarded military occupational specialty 45J (Aircraft Armament Repairman) upon completion of training. 3. His DA Form 20 (Enlisted Qualification Record) shows: a. he served in the Vietnam from 30 September 1967 to 3 June 1969; b. during his tour of duty in Vietnam he was assigned to the 180th Assault Support Helicopter Company with duties as an aircraft armament repairman; and c. item 41 (Awards and Decorations) does not show award of the CIB. 4. He was honorably released from active duty on 4 June 1969. 5. There are no official orders in his records that show award of the CIB. 6. He provides a VA Rating Decision memorandum which shows his disability determination of service connection for fragment wounds and immune system disease due to Agent Orange exposure was deferred awaiting service medical records, military personnel records, and documentation of continuous treatment since his discharge for these claimed disabilities. It further stated that he received the CIB but not the Purple Heart. 7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows he performed the duties of an aircraft armament repairman and was not assigned to an infantry unit during his tour of duty in Vietnam. By regulation, in order to support award of the CIB, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit while it was engaged in active ground combat with enemy forces. He does not meet the eligibility criteria for award of the CIB. 2. Although the VA Rating Decision provided by the applicant states he was awarded the CIB it also clearly states that his medical and personnel records were not available for review; therefore, it must be presumed that the applicant self-reported the award of the CIB for which there is no available evidence to corroborate this award. 3. In view of the above, 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) AR20130004206 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130004206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1