ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 June 2019 DOCKET NUMBER: AR20170015041 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * he is a Vietnam combat veteran * he held the military occupational specialty (MOS) of 11B * he was never awarded the CIB and would like to see it awarded if he is eligible 3. The applicant was inducted into the Regular Army on 16 July 1968. His DA Form 20 (Enlisted Record Brief) indicates: * in item 22 (Military Occupational Specialties) he was an 11B Light Weapons Infantryman * in item 31 (Record of Assignments), he served in the Republic of Vietnam from 15 December 1968 through 10 April 1969 * in item 38 (Principal Duty) indicates he was assigned to Company A, 31st Engineer Battalion (Combat) as a Pioneer and Demo Assistant 4. The applicant's DD Form 214 indicates he was honorably discharged on 24 February 1970. Item 23a shows his MOS as 11B. Item 24 indicates he was awarded the Purple Heart. 5. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governs the award of the Combat Infantryman Badge for infantrymen operating in South Vietnam who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. BOARD DISCUSSION: After review of the application and all evidence, the Board determined the relief was not warranted. The applicant’s contentions were carefully considered. The evidence provided and of record shows during the incident in question, he was an 11B; however, he was not assigned to an infantry unit. Based upon regulatory guidance for award of the CIB, the Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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 Signed by: 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. 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. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. //NOTHING FOLLOWS//