IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090004234 


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.

2.  The applicant states, in effect, that during the summer of 1970 he commenced his second tour in Vietnam with the 9th Infantry Division, that he completed the in-country reconnaissance course, and that he believes military occupational specialty (MOS) 11D (armor reconnaissance specialist) was added to his records.  He believes he was not awarded the Combat Infantryman Badge because of a turnover in company clerks or their inattention to their jobs; the 9th Infantry Division was being withdrawn from Vietnam and the 3rd Brigade of the 9th Infantry Division was placed under the 25th Infantry Division; or because his commanding officer was killed on the day he was wounded and the unit was disbanded.  He points out that he performed many tasks within the unit while in the field which included daily dismounted reconnaissance, nightly ambushes while on patrol, nightly listening posts to protect the main unit from ambush, and he manned an M-60 machine gun while on river patrol.

3.  The applicant provides a photograph of a reconnaissance plaque, orders for the Bronze Star Medal and Army Commendation Medal with "V' Device, a document on the Air Cushioned Vehicle Unit, four statements of support, and a copy of his DD Form 214 (Report of Transfer or Discharge) in support of 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.  The applicant enlisted in the Regular Army on 14 October 1968 for a period of 3 years.  He was awarded MOS 51L (refrigeration specialist).  He arrived in Vietnam on 9 June 1969.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 51L assigned to Headquarters and Headquarters Company, 159th Transportation Battalion, in Vietnam from 11 June 1969 through 22 June 1969.  He was assigned to the 504th Transportation Detachment in Vietnam in MOS 51L on 23 June 1969.

3.  On 20 January 1970, the applicant requested reassignment to the 3rd Brigade, 9th Infantry Division, for duty and training aboard air-cushioned vehicles (ACV).  On 9 March 1970, his request for reassignment to the ACV, 3rd Brigade, 9th Infantry Division, was approved; it was noted that upon his assignment to this unit he would be cross-trained in MOS 11D.  Orders, dated 23 July 1970, show the applicant was reassigned to the 39th Cavalry Platoon, 3rd Brigade, 9th Infantry Division, for duty in primary MOS 51L effective 24 July 1970.

4.  The applicant's DA Form 20 shows he served in MOS 51L assigned to the 39th Cavalry Platoon, 3rd Brigade, 9th Infantry Division, in Vietnam from 26 July 1970 until he was wounded on 3 August 1970 and transferred to the United States on 17 August 1970 for further medical treatment.  On 21 September 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

6.  There are no orders for the Combat Infantryman Badge in the available records.

7.  In support of his claim, the applicant provided four statements of support from fellow Soldiers at the time in question.  They attest that the applicant served with the 39th Cavalry, 9th Infantry Division, and that he was wounded in action on 3 August 1970 in Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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) 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 applicant's contentions were carefully considered.  However, although it appears he might have been cross-trained in MOS 11D upon his assignment to the 39th Cavalry, 9th Infantry Division, on 24 July 1970, there are no orders which show he was awarded this infantry MOS.  There are no orders for the Combat Infantryman Badge.  

2.  The evidence of record shows the applicant held and served in MOS 51L during his assignment in Vietnam.  There is no evidence of record which shows the applicant held an infantry MOS and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  The evidence shows he was assigned to a Cavalry Platoon.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

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)                                         AR20090004234



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ABCMR Record of Proceedings (cont)                                         AR20090004234



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