IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090011827
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 that he be awarded the Combat Infantryman Badge (CIB) and the Air Medal (AM).
2. The applicant states that he served in the jungle with the 1st Cavalry Division and participated in numerous firefights with the enemy. He also participated in several combat assaults by air including one at night on a "hot" landing zone.
3. The applicant does not provide any additional documents.
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 military records show that he was inducted into the Army of the United States on 9 July 1968, was awarded military occupational specialty (MOS) 11B (light weapons infantryman), and was promoted to pay grade E-4.
3. The applicant served in Vietnam from 9 December 1968 to 10 February 1970.
While assigned to Vietnam, he served as a rifleman and team leader with units under the 1st Cavalry Division.
4. On 10 February 1970, the applicant was honorably released from active duty.
5. The applicant's records do not contain any orders awarding him the AM or CIB, there are no documents recording flight hours, and there are no documents which show that the applicant actually engaged the enemy.
6. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM. This regulation stated that individuals who travel by aircraft from point to point for the purpose of participating in combat assaults are eligible for the award of the AM for achievement after completion of 25 assault missions. For personnel transported by aircraft, a combat assault mission is defined as a mission where friendly troops conduct the initial landings into a hostile area for the purpose of conducting combat or combat support operations. A passenger may receive credit for one mission for each assault landing completed. This regulation continued by stating that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 provides that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. While the applicant was an infantryman serving as a rifleman, there is no evidence that he actually engaged the enemy in combat. As such, there is insufficient evidence in which to award the applicant the CIB.
2. There is no evidence to show that the applicant participated in aerial combat assaults and there is no evidence that he participated in at least 25 such assault missions, the minimum criteria for award of the AM. As such, there is insufficient evidence in which to award him the AM.
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) AR20090011827
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ABCMR Record of Proceedings (cont) AR20090011827
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