IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170008273 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: 19 September 2018 DOCKET NUMBER: AR20170008273 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: 19 September 2018 DOCKET NUMBER: AR20170008273 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 served in combat in Vietnam. He is suffering from Post-Traumatic Stress Disorder. The Department of Veterans Affairs (VA) has stated that he was not awarded the Combat Infantryman Badge. Although he was imprisoned during his military career, he still should have been awarded the Combat Infantryman Badge. This badge is awarded to the Army enlisted infantry and infantry or special forces officers in the grade of colonel or below, as well as warrant officers with an infantry or special forces military occupational specialty (MOS). 3. The applicant provides a copy of a VA Form 21-4138 (Statement in Support of Claim). 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 was inducted into the Army of the United States on 20 February 1969. Upon completion of advanced individual training, he was awarded MOS 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Overseas Service) and 35 (Record of Assignments) show he served in Vietnam from 17 August 1969 to 16 August 1970 in MOS 11B. b. Item 41 (Awards and Decorations) shows no entry for the Combat Infantryman Badge. 4. He was discharged, under honorable conditions, on 12 January 1970. His DD Form 214 shows he completed 8 months and 3 days of active service, which included 4 months and 25 days of foreign service. His DD Form 214 also shows he was awarded and authorized the National Defense Service Medal and Vietnam Service Medal. REFERENCES: Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states the Combat Infantryman Badge is awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engages in active ground combat, and actively participating in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. DISCUSSION: 1. The applicant's service in Vietnam in an infantry MOS are not in question. However, there is no evidence of record and he provided none showing he was personally present performing his assigned infantry duties while his unit was actively engaged in ground combat with the enemy. 2. By regulation, a 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 for award of the Combat Infantryman Badge. Campaign or battle credit alone does not meet the regulatory criteria 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) AR20170008273 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170008273 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2