IN THE CASE OF: BOARD DATE: 2 December 2008 DOCKET NUMBER: AR20080013746 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 that the Combat Infantryman Badge (CIB) be added to his separation document (DD Form 214). 2. The applicant states that he is entitled to the CIB for his service in Vietnam. 3. The applicant provides his DD Form 214 and Special Order A-181 dated 20 October 1966 in support of his request. 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's military records show that he enlisted in the Regular Army on 19 October 1965, was awarded the military occupational specialty of clerk, and was promoted to pay grade E-4. 3. The applicant arrived in Vietnam on 10 April 1966 and was assigned to a medical battalion as a clerk typist. 4. On 21 October 1966, the applicant departed Vietnam in a patient status. He was medically boarded and was honorably released from active duty on 8 May 1967 and placed on the Temporary Disability Retired List (TDRL) the following day. 5. The DD Form 214 issued to the applicant shows his MOS as a clerk and does not show that he was awarded the CIB. 6. The applicant's military records do not contain orders awarding him the CIB. The applicant's DA Form 20, Enlisted Qualification Record, does not show the CIB. 7. Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should be awarded the CIB is not supported by the evidence of record. 2. The applicant was a clerk who was assigned to a medical battalion. 3. Since the applicant was not an infantryman assigned to an infantry unit, he is not entitled to a CIB. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20080013746 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080013746 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1