BOARD DATE: March 4, 2010 DOCKET NUMBER: AR20090016515 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 1969 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 he served in Vietnam as an 11B4O (infantryman). 3. The applicant provides a copy of his 1969 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. Records available to the Board indicate the applicant was inducted into the Army on 12 December 1967. He was trained as a Radio Operator (05B) at Fort Dix, New Jersey prior to being assigned to the 4th Battalion, 12th Infantry, in Vietnam in June 1968. 3. Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) indicates the applicant performed duties in his primary military occupational specialty (PMOS) of 05B throughout the duration of his tour of duty in Vietnam, although on 18 May 1969 the applicant was promoted to pay grade E-5 in MOS 11B and that MOS became his PMOS with 05B being designated as his secondary military occupational specialty (SMOS). 4. On 7 June 1969, the applicant departed Vietnam and was assigned duties as a military policeman at White Sands Missile Range in New Mexico for the duration of his active military service. 5. On 11 December 1969, the applicant was released from active duty with an honorable characterization of service. There is no evidence he was ever awarded the Combat Infantryman Badge. 6. Army Regulation 600-8-22 (Military Awards), which superseded Army Regulation 672-5-1 (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. Additionally, appendix 3 to annex A of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) listed positions which qualified for award of the Combat Infantryman Badge. The regulation authorized award of the Combat Infantryman Badge to radio operators (05B) provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 7. Army Regulation 600-8-22 also 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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. 8. Army Regulation 672-5-1, in effect at the time, stated that permanent awards of badges, except basic marksmanship qualification badges and identification badges, would be announced in special orders by commanders authorized to make the award. Today, Army Regulation 600-8-22 states that such badges will be announced in permanent orders. DISCUSSION AND CONCLUSIONS: 1. While the applicant maintains he performed duties as an infantryman while in Vietnam, there is no evidence which confirms that argument. It is also noted the applicant was not awarded an infantry MOS until just shortly before he departed Vietnam. 2. However, while the applicant may very well have been eligible for award of the Combat Infantryman Badge based on his performance of duties as a radio operator in Vietnam, unfortunately, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for correcting his record to reflect this award. 3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 4. 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) AR20090016515 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016515 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1