IN THE CASE OF: BOARD DATE: 3 December 2009 DOCKET NUMBER: AR20090011413 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 that he was trained as an infantryman and he went to Vietnam as such and was assigned to an infantry unit until such time that he developed a medical condition and was reassigned. He points out that his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 4th Battalion, 21st Infantry, 11th Infantry Brigade on 7 August 1969 in military occupational specialty (MOS) 11B (light weapons infantryman) and that his DD Form 214 (Report of Transfer or Discharge) shows he went through light weapons infantry training for 8 weeks in 1969. 3. The applicant provides a copy of his DD Form 214 and his DA Form 20 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 enlisted in the Regular Army on 27 February 1969 for a period of 2 years. He was awarded MOS 11B. He arrived in Vietnam on 27 July 1969 and was assigned to Company C, 4th Battalion, 21st Infantry of the 11th Infantry Brigade in Vietnam on 7 August in MOS 11B; however, on 7 August 1969 he was found medically qualified for limited duty and was reassigned to the 23rd Administration Company Replacement Detachment due to his physical profile limitations. He served in MOS 71F (postal clerk) assigned to the 38th Base Post Office in Vietnam from 13 September 1969 through 2 October 1970. On 3 October 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 3. The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award. 4. There are no orders for the Combat Infantryman Badge in the available documents. 5. 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 MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. DISCUSSION AND CONCLUSIONS: The applicant's contentions were carefully considered. However, the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam for approximately one day. There are no orders for the Combat Infantryman Badge. In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. 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) AR20090011413 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011413 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1