IN THE CASE OF: BOARD DATE: 16 June 2011 DOCKET NUMBER: AR20100030268 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 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states his DD Form 214 does not show his Combat Infantryman Badge. 3. The applicant provides his DD Form 214. 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 Army on 30 March 1965. He completed training and was awarded military occupational specialty (MOS) 11D (Armor Intelligent Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to several infantry and armor organizations with principal duties as a scout observer, scout driver, and squad leader. 4. On 29 March 1968, the applicant was honorably released from active duty after completing 3 years of total active service. The DD Form 214 he was issued shows the following in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Army of Occupation Medal (Berlin) * National Defense Medal * Vietnam Service Medal with bronze service star * Army Commendation Medal * Bronze Star Medal 5. The Combat Infantryman Badge is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's Military Personnel Records Jacket (MPRJ) is void of orders or any other documents that indicate he was recommended for or awarded the Combat Infantryman Badge during his active duty tenure. 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 (Awards and Decorations) 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. 7. U.S. Army Vietnam Regulation 672-1 also stated the criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the Combat Infantryman Badge has been carefully considered; however, the evidence is not sufficient to support this claim. 2. Although there is evidence that the applicant served in an infantry-specific MOS, there is no evidence that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 3. The applicant's MPRJ is void of any orders or other documentation that shows he was recommended for or awarded the Combat Infantryman Badge by proper authority during his period of service. Additionally, the applicant did not provide any independent evidence showing he was awarded the Combat Infantryman Badge while serving on active duty as he asserts. As a result, there is insufficient evidence to support award of the Combat Infantryman Badge. 4. The applicant and all others concerned should know that this action related to award of the Combat Infantryman Badge in no way diminishes the sacrifices made by him 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) AR20100030268 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100030268 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1