IN THE CASE OF: BOARD DATE: 3 March 2011 DOCKET NUMBER: AR20100021441 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 that he be awarded the Combat Infantryman Badge (CIB) and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he served as an infantryman in Vietnam. 2. The applicant states that his DD Form 214 incorrectly reflects the military occupational specialty (MOS) of a communications crewman; however, he only worked in communications while in the United States and served as an infantryman in Vietnam. He also states that he should have been awarded the CIB. 3. The applicant provides no additional documents with 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. He was inducted in New York on 10 March 1964 and was transferred to Fort Dix, New Jersey where he underwent his basic training and his advanced individual training. He was awarded MOS 36A (Communications Crewman). 3. He was initially assigned to Fort Devens, Massachusetts for duty as a message clerk and on 16 October 1965 he was transferred to Fort Riley, Kansas. 4. On 23 December 1965, he was transferred to Vietnam with his unit. He was assigned as light weapons infantryman with Company C, 2d Battalion 2d Infantry Regiment. He departed Vietnam on 3 March 1966 and he was transferred to Oakland Army Base, California where he was honorably released from active duty on 7 March 1966 as an overseas returnee. He had served 1 year, 11 months, and 26 days of active service and 3 months and 6 days of foreign service in Vietnam. His DD Form 214 shows his MOS was 36A and that he was awarded the Vietnam Service Medal and his marksmanship badges. 5. A review of his official records failed to show that he was awarded MOS 11B (Light Weapons Infantryman) or that he was awarded the CIB. 6. 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 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) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the specialty number and title of the MOS for which an individual has been awarded will be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. While the applicant’s records show he served as an infantryman more than 3 months while he was in Vietnam, there is no evidence to show that he was ever awarded the MOS of an infantryman. Therefore, in the absence of orders to show otherwise, there appears to be no basis to correct his DD Form 214 to show an infantry MOS. 2. Likewise, the applicant’s records contain no evidence to show he engaged the enemy in ground combat or that he was an infantryman while assigned to an infantry unit in Vietnam. Therefore, absent such evidence there is no basis to award him the CIB at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X_____ ___X____ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20100021441 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021441 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1