BOARD DATE: 8 February 2011 DOCKET NUMBER: AR20100019916 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 (CIB). 2. The applicant states he served in Vietnam as an infantryman and was never awarded the CIB. 3. The applicant provides no additional evidence. 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's record shows he enlisted in the Regular Army on 21 March 1969 for a 3-year term. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/pay grade he attained while serving on active duty was specialist five/E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 August 1969 to 15 August 1970. While in Vietnam he was assigned to: * Company B, 5th Battalion, 60th Infantry Regiment, 3rd Infantry Brigade, 9th Infantry Division, as a rifleman from 16 August 1969 to 20 December 1969 * Headquarters and Headquarters Company, 185th Maintenance Battalion, as a rifleman from 21 December 1969 to 15 August 1970 4. On 30 November 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 3 years, 8 months, and 10 days of net active service, including 2 years, 9 months, and 21 days of foreign service. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Grenade Bar * two overseas service bars 6. There are no official orders in his available records awarding him the CIB. 7. A review of the available records does not show he was engaged in active ground combat while serving in RVN. 8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for award of the CIB pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) provides that the CIB 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 during such time as the unit was engaged in active ground combat and they must have been present with their qualifying infantry unit and participated actively in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the CIB has been carefully considered; however, there is insufficient evidence to support this request. 2. The applicant's infantry MOS and assignment to an infantry unit in Vietnam are not in question. However, there is no evidence in the available records and the applicant did not submit any evidence to specifically substantiate his engagement in active ground combat with an infantry unit of brigade or smaller size while in Vietnam. Absent this evidence, there is insufficient evidence upon which to award the CIB in this case. 3. In view of the foregoing there is no basis for granting the requested relief. 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 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) AR20100000695 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100019916 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1