IN THE CASE OF: BOARD DATE: 31 March 2011 DOCKET NUMBER: AR20100024236 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 his DD Form 214 does not show he was ever in the infantry but he has a Combat Infantryman Badge that was issued (to him) when he was assigned to 5th Battalion, 11th Infantry, Fort Carson, CO. He was in the Infantry when he went to Vietnam then he was sent to the 572th Engineer Company. His military occupational specialty (MOS) was changed at Fort Carson from 63B10 (Light Wheel Vehicle Mechanic) to 63B20. He believes all records were lost or misplaced when they pulled out of Vietnam. He has no records of being a gunner or ever being in the hospital while in Vietnam. All he has is a wrist band showing "038841, V----, W----, E------US----, USAF HOSP, 96306, Army." 3. The applicant provides his DD Form 214, two orders, and one page of his DA Form 20 (Enlisted Qualification Record). 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 records show he was inducted into the Army of the United States on 19 August 1969 and he held MOS 63B. He served in Vietnam from 2 June 1970 to 20 March 1971 while assigned to the 572nd Engineer Company and Company A, 554th Engineer Battalion. 3. On 25 March 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. 4. His records do not contain orders awarding him the Combat Infantryman Badge. 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, Vietnam Campaign Medal, and the Army Good Conduct Medal (1st Award). 6. Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows he served in Vietnam in MOS 63B. The Combat Infantryman Badge is awarded to infantry Soldiers who have an infantry MOS. There is no evidence in the available records and he did not submit substantiating evidence that shows he held an infantry MOS or that he participated in active ground combat while assigned to an infantry unit. Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge. 2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20100024236 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1