IN THE CASE OF:

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170007510 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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:  18  January 2019

		DOCKET NUMBER:  AR20170007510 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states he served in Vietnam with the 9th Infantry Division and 
the CIB was left off his DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge).

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting document(s):  

2.  Evidence from the applicant’s service record and Department of the Army and 
Department of Defense records and systems, including his DA Form 20 (Enlisted 
Qualification Record) and DD Form 214.

REFERENCES:

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. 
 
2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  
This regulation provides that the Combat Infantryman Badge is awarded to 
infantry officers, warrant officers, and enlisted Soldiers who possess an infantry 
military occupational specialty (MOS), provided they served in active ground 
combat while assigned or attached to an infantry unit of brigade, regimental or 
smaller size.  The recommended Soldier must have been an infantryman who 
satisfactorily performed infantry duties while assigned to an infantry unit during 
such time as the unit was engaged in active ground combat, and he must have 
actively participated in such ground combat.  

3.  U.S. Army Vietnam Regulation 672-1, Appendix V, then in effect, provided 
that during the Vietnam era, the Combat Infantryman Badge was awarded only to 
enlisted individuals who held and served in military occupational specialty (MOS) 
11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION:

1.  While 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 was inducted into the Army of the United States on 9 February 
1968.  He completed training and was awarded MOS 61B (Watercraft Operator).

3.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from 
2 December 1968 through 27 August 1969, where he was assigned to 
Headquarters and Headquarters Company, 4th Battalion, 39th Infantry Regiment, 
9th Infantry Division.  His duty MOSs were 61A (Waterman) and 61B.

4.  The applicant was honorably released from active duty on 24 November 
1969.  His DD Form 214 shows his MOS as 61B and does not show the CIB as 
an authorized award. 



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.

												 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160005706


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20170007510


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2