BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005600 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 add the Combat Infantryman Badge. 2. The applicant states the Combat Infantryman Badge should be added to his DD Form 214 for combat action as an infantryman from 19 June 1968 to 7 December 1969 and from 24 October 1970 to 11 January 1971. 3. The applicant does not provide any additional evidence. 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 7 November 1967. He was trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). He also completed the Basic Airborne Course. 3. He served in Vietnam as follows: * from 19 June 1968 to 7 December 1969, he was assigned Company D, 4th Battalion, 503rd Infantry, 173rd Infantry Brigade * from 24 October 1970 to 11 January 1971, he was assigned to Company B, 1st Battalion, 501st Infantry 4. On 24 July 1969, he was convicted by a special court-martial of one specification of being absent without leave (AWOL) from 17 April to 25 June 1969. He was reduced to E-3. 5. On 10 September 1970, he was convicted by a special court-martial of one specification of being AWOL from 10 to 13 August 1970. He was reduced to E-3 and forfeited some pay. 6. His records also show he was AWOL from his unit in Vietnam from 12 January to 8 June 1971 and from Fort Benning from 29 June to 6 August 1971. His court-martial ended in a mistrial. 7. He was released from active duty with a general discharge on 18 November 1971. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 5 bronze service stars * 3 overseas service bars * Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Parachutist Badge 8. There are no special orders that show he was awarded the Combat Infantryman Badge. 9. His DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. Award of the Combat Infantryman Badge is announced in orders. DISCUSSION AND CONCLUSIONS: 1. 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. 2. The applicant's service in Vietnam in an infantry MOS with infantry units is not in question. However, there is insufficient evidence in the available records and he did not submit substantiating evidence – i.e., orders - that shows he was awarded the Combat Infantryman Badge. 3. Furthermore, there is insufficient evidence in his records that shows he was personally present and under hostile fire while performing his assigned infantry duties in an infantry unit that was actively engaged in ground combat with the enemy. 4. In the absence of the orders or other documentary evidence confirming he met the criteria for the Combat Infantryman Badge, there is insufficient evidence to support awarding him the badge or adding it to his DD Form 214. 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) AR20150005600 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005600 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1