IN THE CASE OF: BOARD DATE: 16 February 2011 DOCKET NUMBER: AR20100020625 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 it is a clerical error that his DD Form 214 does not show the Combat Infantryman Badge. He adds the award was posted to the local newspaper by the Army. He further adds he was a rifle platoon leader and time in country (Vietnam) with Company B, 1st Battalion, 12th Infantry, 4th Infantry Division was an automatic qualifier for award of the Combat Infantryman Badge. 3. The applicant provides his DD Form 214, Headquarters, 4th Infantry Division General Orders Number 3815 (Bronze Star Medal award), Headquarters, 4th Infantry Division General Orders Number 3906 (Air Medal award), photograph of promotion to captain, and photocopy of newspaper article describing award of the Combat Infantryman Badge. 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 military records show he enlisted in the Regular Army on 12 April 1968. He was later appointed as a commissioned officer and assigned to the Infantry branch with a primary military occupational specialty (MOS) of 1542. 3. His DD Form 214 shows he served in the Republic of Vietnam during the period 15 August 1969 to 14 August 1970. Headquarters, 4th Infantry Division General Orders Number 3815, dated 10 July 1970, show his unit of assignment was Company B, 1st Battalion, 12th Infantry, 4th Infantry Division. 4. On 3 March 1972, he was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 shows he had attained the rank of captain. It further shows he completed a total of 3 years, 9 months, and 20 days of active duty service. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, Bronze Star Medal, and two overseas bars. 6. The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge by proper authority. 7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. DISCUSSION AND CONCLUSIONS: 1. The applicant held an infantry MOS and was assigned to a qualifying infantry unit. The newspaper article indicating he was awarded the Combat Infantryman Badge and a photograph showing the Combat Infantryman Badge on the uniform, provided by the applicant do not present sufficient corroborating evidence to support his contention he was awarded the Combat Infantryman Badge. Additionally, there is no specific available evidence he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces. As such, it would not be appropriate to add this badge to his DD Form 214. 2. 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) AR20100020625 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100020625 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1