IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019522 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: 22 August 2018 DOCKET NUMBER: AR20160019522 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: 22 August 2018 DOCKET NUMBER: AR20160019522 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, in effect, correction of his DD Form 214 (Armed forces if the United States Report of Transfer of Discharge) to show the Combat Infantryman Badge. 2. The applicant states, in effect, he served in the Republic of Vietnam for a year and the Combat Infantryman Badge is not shown on his DD Form 214. 3. The applicant provides 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. On 12 March 1968 the applicant was inducted into the Army of the United States. He trained as an infantryman and was awarded military occupational specialty (MOS) 11B. 3. He served in the Republic of Vietnam from 9 April 1969 to 1 April 1970 and was assigned to Company D, 3rd Battalion, 7th Infantry serving in duty MOS 11B from 21 March 1969 to 27 March 1970. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Combat Infantryman Badge. There is no order number noted on this form nor is there a copy of the Combat Infantryman Badge order announcing this award in his military personnel record. 5. On 1 April 1970 the applicant was honorably released from active duty. He was issued a DD Form 214 showing, in pertinent part: a. item 22c (Foreign and/or Sea Service) – United States Army – Pacific 11 months and 22 days; b. item 23a (Specialty Number and Title) – MOS 11B, Infantryman and c. item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) does not include the Combat Infantryman Badge. However, he did receive service ribbons for his service in the Republic of Vietnam in addition to the Army Commendation Medal, Bronze Star Medal and Good Conduct Medal. 6. A review of the Army Commendation Medal and Bronze Star Medal orders filed in his military personnel record show the awards were for meritorious achievement for a designated period of service. There are no award certificates or citations filed in his record that might indicate he engaged with enemy forces. 7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973, failed to reveal any orders for award of the Combat Infantryman Badge pertaining to the Applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy and guidance concerning awards, decorations, service medals and badges. 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. Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. For item 24, enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: The applicant was an infantryman in an infantry unit serving in the Republic of Vietnam during a period when the Combat Infantryman Badge could have been awarded to Soldiers provided they met the criteria. Upon review, the applicant does meet the first and second criteria for this badge. However, there is no evidence to show he actively engaged the enemy, which is the third criteria for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019522 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019522 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2