BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160015470 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 BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160015470 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. BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160015470 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 he was in combat in Vietnam, was wounded, and received the Purple Heart. He also received the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He states he was assigned to Company C, 1st Battalion, 7th Cavalry, in Vietnam. 3. The applicant provides – * Bronze Star Medal Citation * DA Form 20 (Enlisted Qualification Record) * 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. On 26 June 1968, the applicant was inducted into the Army of the United States. He completed training for military occupational specialty 05C (Radio Teletype Operator). 3. The applicant was awarded the Purple Heart for wounds received on 12 May 1969. 4. The applicant was awarded the Bronze Star Medal for meritorious service in Vietnam. 5. His DA Form 20 shows – * advancement to sergeant (E-5) * assignment to Headquarter and Headquarters Company, 1st Battalion, 7th Cavalry, 1st Air Cavalry Division, in Vietnam from 4 April 1969 through 30 March 1970 as a radio operator 6. On 24 March 1970 the applicant was honorably released from active duty and transferred to the US Army Reserve Control Unit (Annual Training). He had 1 year, 8 months, and 29 days of creditable service with 11 months and 22 days of service in Vietnam. His DD Form 214 does not list the Combat Infantryman Badge among his authorized awards. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. To be awarded the Combat Infantryman Badge, the Soldier must meet three basic requirements: * be an infantryman satisfactorily performing infantry duties * be assigned to an infantry unit during such time as the unit is engaged in active ground combat * be personally present and under fire and actively participate in ground combat while assigned DISCUSSION: The applicant served as a radio operator in a cavalry unit during his service in Vietnam. The criteria for award of the Combat Infantryman Badge require a Soldier to hold an infantry MOS, be assigned to an infantry unit, and actively participate in ground combat. The applicant did not meet the MOS or assignment requirements for 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) AR20160015470 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015470 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2