IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015335 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015335 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150015335 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. 2. The applicant states: a.  He served in Vietnam from 1968 to 1969 and he was assigned to the 31st Infantry Regiment, 196th Light Infantry Brigade, Americal Division, in Chu Lai, Vietnam. He spent most of his tour on the fire support bases, working directly with the troops in the field. b.  His commanding officer would not permit him to receive the Combat Infantryman Badge because his military occupational specialty (MOS) was listed as 71L (Administration Specialist) and not infantry. c.  He was sent out to the forward fire support base to work with the field personnel assigned to the area a week after his arrival in country and 10 months of his time was spent on the support bases, which moved to different parts of the operational field. d.  His longest assignment was a 6-month deployment with infantry, mortar, and artillery units to a base known as Hill 445 where they had their fair share of confrontation with the North Vietnamese and Viet Cong forces. He returned to the main base 2 or 3 weeks prior to completion of his tour of duty. e.  He is now 67 years old and he has been seeing a therapist and counselor for the last 3 to 4 years for his post-traumatic stress disorder. f.  The rejection of his award of the Combat Infantryman Badge has been an issue with him. He believes the time he spent with the unit and the experiences he had and shared, it would be with great pride to receive this honor. Unfortunately, many of the members of his unit did not return for various reasons. 3. The applicant provides: * self-authored statement * 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 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 enlisted in the Regular Army on 28 August 1967. 3. His records show he completed the Administrative Course on 15 December 1967 and he was awarded MOS 71B (Clerk Typist). 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (MOS) – award of MOS 71H (Personnel Specialist) effective 8 June 1969 * item 31 (Foreign Service) – Vietnam during the period 7 February 1968 through 5 February 1969 * item 38 (Record of Assignments) – * Company D, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, from 8 February 1968 to 11 March 1968 in duty MOS 70A (General Clerk) * Headquarters and Headquarters Company, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, from 12 March 1968 to 5 February 1969 in duty MOS 71B * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas service bars * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar 5. Headquarters, U.S. Army Advisor Group (U.S. Army Reserve), Special Orders Number 28, dated 11 March 1969, assigned him MOS 71L (Administration Specialist) effective 7 March 1969. 6. Headquarters, U.S. Army Advisor Group (U.S. Army Reserve), Special Orders Number 97, dated 19 August 1969, awarded him primary MOS 71H and secondary MOS 71B. 7. On 15 December 1970, he was honorably released from active duty. Item 23a (Specialty Number and Title) of his DD Form 214 shows he held MOS 71H at the time of his separation. 8. His records are void of any evidence he was ever awarded an infantry MOS. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that 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. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). DISCUSSION: 1. The Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H during the Vietnam era. 2. He served in Vietnam during the period 7 February 1968 to 5 February 1969 in MOS 70A and MOS 71B. He did not hold or serve in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size. He does not meet the eligibility criteria for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015335 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015335 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2