IN THE CASE OF: BOARD DATE: 18 November 2008 DOCKET NUMBER: AR20080014200 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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge. 2. The applicant states that his DD Form 214 does not show award of the Combat Infantryman Badge. 3. The applicant provides a copy of his DD Form 214 in support of his application. 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 DD Form 214 shows that on 20 March 1969 he was inducted into the Army of the United States for 2 years. He was awarded military occupational specialty 11B (Light Weapons Infantryman). He was released from active duty on 19 March 1971 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had attained the rank of specialist four (SP4), pay grade E-4, and had completed 2 years of creditable active duty service. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with three bronze service stars and the [Republic of] Vietnam Campaign Medal with Device (1960). It does not show award of the Combat Infantryman Badge. 4. Item 30 (Remarks) of the applicant’s DD Form 214 shows that he served in the Republic of Vietnam from 2 September 1969 to 26 January 1970. It does not show his unit of assignment. 5. The applicant’s military personnel records for his service from 24 March 1969 to his release from active duty on 19 March 1971, to include his Enlisted Qualification Record (DA Form 20), are not available for review. 6. A National Guard Bureau (NGB) Form 22 shows that the applicant enlisted in the Alabama Army National Guard on 5 May 1972. On 16 June 1992, he was transferred to the USAR Control Group (Retired Reserve). He had attained the rank of staff sergeant, pay grade E-6, and had completed a total of 23 years, 2 months, and 7 days of service creditable for pay. 7. Item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded this Period) of the applicant's NGB Form 22 does not show award of the Combat Infantryman Badge. 8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty. 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 of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to the Republic of Vietnam during a period of armed conflict. However, there is no available evidence showing that he served in combat while assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. Therefore, his request for award of the Combat Infantryman Badge should not be granted. 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) AR20070016793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014200 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1