IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004932 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 Combat Infantryman Badge. 2. The applicant states he served in Vietnam in military occupational specialty (MOS) 11C40 (Mortar Squad Leader) currently known as indirect fire infantryman. He was under direct and indirect enemy fire while in the bush. He recently discovered he was never awarded the Combat Infantryman Badge when he submitted an application to the Department of Veterans Affairs for benefits. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 the cases 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. 2. The applicant's military records show he was inducted into the Army of the United States on 23 June 1969. He completed training and was awarded the MOS 11C. 3. He served in Vietnam from 6 June 1970 through 30 April 1971. His last duty assignment was with Company C, 87th Infantry Regiment. 4. He was honorably released from active duty on 1 May 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group. He was credited with completing 1 year, 10 months, and 9 days of net active service. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal 5. His record is void of a DA Form 20 (Enlisted Qualification Record). 6. On 6 November and 18 December 1984, the USAR Components Personnel and Administration Center advised the applicant that his records failed to contain orders authorizing him the Combat Infantryman Badge. 7. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant. 8. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. DISCUSSION AND CONCLUSIONS: 1. The applicant held MOS 11C and served in Vietnam in an infantry unit. However, there is no evidence of record and he provided none showing he actively participated in active ground combat as an infantryman at the time. There is also no evidence or orders authorizing or awarding him the Combat Infantryman Badge for his Vietnam service. 2. To be entitled to award of the Combat Infantryman Badge, the evidence must show the applicant held and served in an infantry MOS while assigned/attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. 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) AR20150001918 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004932 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1