IN THE CASE OF: BOARD DATE: 22 December 2009 DOCKET NUMBER: AR20090012582 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. 2. The applicant states that he volunteered for assignment to the 4th Infantry Division and contends that his military records show he served in combat; however, the Combat Infantryman Badge is not shown on his DD Form 214. 3. The applicant provides, in support of his application, a copy of his DD Form 214. 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. On 14 November 1966, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 64A (Light Vehicle Driver). 3. On 16 February 1968, the applicant departed Fort Dix, New Jersey, for assignment in the Republic of Vietnam. 4. On 6 April 1968, the applicant was assigned duty as a light vehicle driver with Headquarters and Headquarters Company, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division. He served in this position until he returned to the United States on or about 2 November 1968. 5. On 4 November 1968, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 11 months and 21 days of creditable active duty. 6. 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, Expert Marksmanship Qualification Badge with Rifle Bar, [Republic of] Vietnam Campaign Medal, and the Vietnam Service Medal. It does not show award of the Combat Infantryman Badge. 7. 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. 8. U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge. Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters b, c, d, f, g and h," are infantry MOS's. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should be awarded the Combat Infantryman Badge. 2. The evidence of record clearly shows that even though the applicant was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam; he was not awarded an infantryman MOS. Therefore, his request for award of the Combat Infantryman Badge should be denied. 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) AR20090012582 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090012582 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1