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ARMY | BCMR | CY2014 | 20140002588
Original file (20140002588.txt) Auto-classification: Denied

		IN THE CASE OF:    

		BOARD DATE:  7 October 2014	  

		DOCKET NUMBER:  AR20140002588 


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 (CIB).

2.  The applicant states:

* he was not awarded the CIB
* in 1970 while assigned to Troop D, 3d Squadron, 5th Cavalry Regiment, as a rotary wing aviator, he was given command of an infantry platoon as an infantry officer
* this platoon carried out perimeter sweeps around V?nh Long Army Airfield for security purposes and set up and engaged in night ambushes
* on one such ambush, they made light contact and withdrew to the perimeter
* gunfire was exchanged during this contact
* he was present in the ambush as the platoon commander
* no incident report was ever filed as far as he knew, as they all had other duties with the helicopter mission
 
3.  The applicant provides no additional evidence.

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 ordered to active duty from the U.S. Army Reserve on 22 March 1969.

3.  His DA Form 66 (Officer Qualification Record) shows he served in duty specialty 1981 (rotary wing aviation unit commander) in Vietnam while assigned to:

* Troop D, 3d Squadron, 5th Cavalry Regiment, from 9 May 1970 to 31 January 1971
* Troop C, 3d Squadron, 17th Cavalry Regiment, from 1 February 1971 to 27 April 1971

4.  On 29 February 1972, he was honorably released from active duty.

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the CIB as an authorized award.

6.  There are no orders for the CIB in the applicant's available records.

7.  Item 21 (Awards and Decorations) of his DA Form 66 does not show award of the CIB.

8.  Army Regulation 600-8-22 (Military 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 of brigade, regimental, or smaller size 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.  The applicant's contentions were carefully considered.  However, the governing regulation for award of the CIB clearly establishes that the CIB may be awarded to infantry officers and to enlisted and warrant officer persons who have an infantry specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

2.  The evidence of record shows the applicant served as a helicopter pilot while assigned to Troop D, 3d Squadron, 5th Cavalry Regiment, and to Troop C, 3d Squadron, 17th Cavalry Regiment, in Vietnam.

3.  There is no evidence of record showing he held or served in an infantry specialty or served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size.  As a result, there is insufficient evidence in which to base 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 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)                                         AR20140002588



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ABCMR Record of Proceedings (cont)                                         AR20140002588



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