BOARD DATE: 19 October 2011 DOCKET NUMBER: AR20110009377 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 (CIB). 2. He states, in effect, that on 4 October 1968 he earned the CIB while in combat against hostile forces outside Base Camp Betty while assigned to the 3rd Battalion, 506th Infantry, 101st Airborne Division, in the Republic of Vietnam (RVN). 3. He provides a copy of 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 was inducted into the Army of the United States on 10 April 1968. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He arrived in the RVN on 6 September 1968 and he was assigned to Company D, 3rd Battalion, 506th Infantry (Airmobile), 101st Airborne Division where he performed duties as a rifleman. 4. He departed the RVN on 23 August 1969. On 10 January 1970, he was honorably released from active duty after completing 1 year, 9 months, and 1 day of creditable active service. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 does not show award of the CIB. 6. There are no orders in the applicant’s service personnel records that show he was awarded the CIB. 7. The applicant's DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations), does not show award of the CIB. 8. Army Regulation 600-8-22 9Military Awards) states there are basically three requirements for award of the CIB. 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. Evidence of record shows that the applicant was awarded an infantry MOS and that he served in an infantryman position with Company D, 3rd Battalion, 506th Infantry (Airmobile), 101st Airborne Division. However, there is insufficient evidence to show he met all the criteria required for award of the CIB. There is no evidence in the available records and he has not provided evidence that shows he participated in active ground combat as an infantryman. 2. Unfortunately, because the applicant's participation in active ground combat cannot be determined, there is no basis for granting the applicant's 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 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) AR20110009377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110009377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1