IN THE CASE OF: BOARD DATE: 1 December 2009 DOCKET NUMBER: AR20090011806 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 served with the 11th Aviation Battalion and that he was also on temporary duty with the 1st Infantry Division for 6 to 8 months. He states that he was in combat on several occasions. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 19 August 1966. He successfully completed his training as a light weapons infantryman. He was transferred to Vietnam on 27 January 1967 and he was assigned to Headquarters and Headquarters Detachment, 11th Aviation Battalion. He was attached to Headquarters Battery, 1st Infantry Division (Artillery) on 14 January 1968. 3. The applicant returned to the Continental United States on 19 February 1968. 4. On 16 August 1968, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve Control Group (Annual Training) St. Louis, MO to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, and two Overseas Service Bars. 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 military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should have been awarded the Combat Infantryman Badge. 2. His contentions have been considered. However, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he met the criteria for award of the Combat Infantryman Badge. 3. While his records show that he held an infantryman MOS, the available evidence does not show that he engaged in active ground combat while he was in Vietnam or that he was assigned or attached to an infantry unit. He was attached to an artillery unit. Therefore, he does not meet the criteria contained in the applicable regulation for award of the Combat Infantryman Badge. 4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 5. In view of the foregoing, there is no basis for granting the applicant's request. 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) AR20090011806 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090011806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1