BOARD DATE: 8 September 2010 DOCKET NUMBER: AR20100010148 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 a combat award (he is probably referring to the Combat Infantryman Badge) for one of his tours in Vietnam. 2. The applicant states he used his weapon to fire at the enemy during attacks on the camps to which he was assigned in Vietnam. 3. The applicant provides no additional documents 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 1 June 1959 and was discharged on 31 May 1961 for immediate reenlistment. 3. The applicant reenlisted on 1 June 1961 and was discharged on 31 May 1967. He served in the Republic of Vietnam (RVN) from 6 January to 12 October 1966 during this period of service. His 31 May 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show entitlement to any combat awards for service in the RVN. 4. The applicant enlisted in the Regular Army on 10 October 1967 and was discharged on 26 April 1970 for immediate reenlistment. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded military occupational specialty (MOS) 11F (infantry operations and intelligence specialist) in June 1968. He served in the RVN from 12 October 1967 to 13 October 1968. His 26 April 1970 DD Form 214 does not show entitlement to any combat awards for service in the RVN. 5. The applicant reenlisted on 27 April 1970. He continued to serve on active duty until he was retired on 31 October 1979. This DD Form 214 does not show entitlement to any combat awards for service in the RVN. 6. The applicant’s service record does not indicate he served in combat during his tours in the RVN. 7. Army Regulation 600-8-22 (Military Awards) states 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. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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: 1. It appears the applicant is requesting award of the Combat Infantryman Badge for one of his tours in the Vietnam. He contends he used his weapon to fire at the enemy during attacks in the camps he was assigned in Vietnam. However, the evidence of record does not support his claims. 2. However, to support award of the Combat Infantryman Badge, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat. 3. The available evidence shows the applicant held MOS 11F during his second tour in Vietnam. However, there is insufficient evidence to show the applicant actively participated in ground combat while serving with an infantry unit in Vietnam. Therefore, there is insufficient evidence to show the applicant has met all the requirements for award of the Combat Infantryman Badge. 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) AR20100010148 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010148 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1