IN THE CASE OF: BOARD DATE: 5 May 2015 DOCKET NUMBER: AR20140016508 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 he was awarded the CIB, but it was never listed on his DD Form 214. He spent five months in the bush and encountered numerous fire fights. His captain told the unit on the day they encountered enemy fire that everyone just earned the CIB. He believes the reason he did not receive the CIB was due to his military occupational specialty (MOS) of 11C (Indirect Fire Infantryman) not being honored for the first five months he was assigned in the Republic of Vietnam (RVN). 3. He 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 was inducted into the Army of the United States on 11 September 1969. After completing basic and advanced individual training he was awarded MOS 11C. He served in the RVN from 12 February 1970 to 11 April 1971 and he was honorably released from active duty on 15 April 1971. 3. During his tenure in Vietnam, he was assigned to both Company C and Company E, 2nd Battalion, 501st Infantry Regiment in MOS 11C and 11B (Infantryman). 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB. 5. Item 24 of his DD Form 214 does not show award of the CIB. 6. A review of General Orders 14674 issued by Headquarters, 101st Airborne Division (Airmobile) on 18 December 1970 shows he received the Bronze Star Medal for meritorious service during the period 1 March 1970 to 30 November 1970. This document supports he served and was commended for his service in the RVN; however, it does not show he was actively engaged with enemy forces. There is no substantial evidence to show that while the applicant was assigned to the 2nd Battalion, 501st Infantry Regiment, he participated in active ground combat 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. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. DISCUSSION AND CONCLUSIONS: Although the evidence of record shows he served in an infantry MOS with an infantry unit of regimental size, there is insufficient evidence to show he was personally present and engaged in active ground combat with the enemy. In view of this fact, there is an insufficient basis for award of the CIB. 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) AR20140016508 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140016508 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1