IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160010480 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: 16 May 2018 DOCKET NUMBER: AR20160010480 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: 16 May 2018 DOCKET NUMBER: AR20160010480 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, in effect, he received the CIB in Vietnam and he believes a clerk overlooked annotating his record to show this award. He served with Company D, 101st Airborne Division, 3rd Battalion, 506th Infantry, and he served in many battles and fire fights. 3. The applicant provides a copy of his DD Form 214. 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 was inducted into the Army of the United States on 13 December 1967. He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His records show he served in Vietnam from on or about 31 May 1968 to on 30 May 1969. He was assigned to the following companies in 3rd Battalion, 506th Infantry: * Company A, in MOS 11B, performing the duties of a rifleman on 19 June 1968 * Company D, in MOS 11B, performing the duties of an ammunition bearer from 20 June to 19 July 1968 and in MOS 11B performing the duties of a grenadier from 20 July 1968 to 24 May 1969 4. He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) on 12 December 1969. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with bronze service star * Republic of Vietnam Campaign Medal with Device 1960 * 2 Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Commendation Medal * Air Medal 5. He was relieved from the USAR Control Group Standby and honorably discharged on 1 December 1973. 6. There are no special orders available that show he was awarded the CIB and his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the CIB. 7. Additionally, there is no evidence in his service record that confirms he was personally present and served in active ground combat. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size, during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. DISCUSSION: 1. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size, 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 while assigned to an infantry unit is not in question. The evidence in the available records does not confirm he was personally present and under hostile fire while serving in his assigned infantry unit while the unit was actively engaged in ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010480 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010480 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2