IN THE CASE OF:  	  

		BOARD DATE:  7 May 2015	  

		DOCKET NUMBER:  AR20140016904 


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 the award of the Combat Infantryman Badge for his service in Vietnam, and, in effect, to have his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to reflect this award.

2.  The applicant states others in his unit received both an Air Medal and a Combat Infantryman Badge.  He only received an Air Medal and, in effect, believes this was an oversight.

3.  The applicant provides:

* letter of support
* General Orders (GO) Number 77, dated 6 January 1967, issued by Headquarters, 1st Cavalry Division (Airmobile), awarding the applicant an Air Medal for the period July 1966 to December 1966
* Special Orders (SO) Number 49, dated 18 February 1967, issued by Headquarters, 1st Cavalry Division (Airmobile), awarding the Combat Infantryman Badge to the person providing a letter of support for the applicant
* Extract from his DA Form 20 (Enlisted Qualification Record)

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 
16 December 1965.  After completing initial training, he was awarded military occupational specialty (MOS) 11H (Indirect Fire Crewman).  The highest rank/grade held was specialist four/E-4.

3.  He was stationed in Vietnam from on or about 3 June 1966 to on or about 31 May 1967.  He was assigned to two units while in Vietnam:

* Troop D, 1st Battalion, 9th Cavalry Regiment, 1st Cavalry Division, from on or about 11 June 1966 to on or about 28 February 1967 serving as a loader (MOS 11H)
* Headquarters and Headquarters Company (HHC), 11th Aviation Group, 1st Cavalry Division, from on or about 1 March 1967 to on or about 31 May 1967, serving as a 64A (Light Vehicle Driver).

4.  He was honorably released from active duty on 15 December 1967.  His DD Form 214 shows he completed 2 years of net active creditable service.  The award of the Combat Infantryman Badge is not reflected on his DD Form 214, but it states he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  His DA Form 20:

	a.  Item 38 (Record of Assignments), sub-items for Conduct and Efficiency, show the applicant received excellent ratings for his entire period of service.

	b.  Item 41 (Awards and Decorations), does not list either the award of the Combat Infantryman Badge or the Air Medal.

6.  GO Number 77, dated 6 January 1967, issued by Headquarters, 1st Cavalry Division (Airmobile), awarded the applicant an Air Medal for meritorious achievement while participating in aerial flight during the period July 1966 to December 1966.

7.  SO Number 54 (extract), dated 23 February 1967, issued by Headquarters, 1st Cavalry Division (Airmobile), shows the applicant being awarded MOS 64A with MOS 11H being withdrawn.  His records also contain a statement signed by the applicant which essentially states the applicant waived a reclassification board and consented to the reclassification to MOS 64A.

8.  SO Number 54 (extract), dated 23 February 1967, issued by Headquarters, 1st Cavalry Division (Airmobile), also shows the applicant being reassigned to HHC, 11th Aviation Group in MOS 64A.

9.  There are no orders in the applicant’s military personnel records that show he was awarded the Combat Infantryman Badge.

10.  The applicant provides a letter of support which states, in effect:

* the writer served in Vietnam with the applicant
* they were both assigned to Troop D, 2nd Platoon, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile)
* when he arrived in Vietnam he was assigned to a 106 millimeter recoilless rifle jeep as a loader
* the gunner in his jeep was the applicant
* both he and the applicant had an infantry MOS
* he served 6 months with the applicant
* he was awarded both the Air Medal and the Combat Infantryman Badge
* the applicant only received the Air Medal
* he should be awarded the Combat Infantryman Badge

11.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  It states:

	a.  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 (emphasis added).  

	b.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is primarily intended for personnel on flying status (including gunners), but can also be awarded to those personnel whose combat duties required them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy (emphasis added).  

12.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 stated 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.  It also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was assigned to Troop D, 1st Battalion, 9th Cavalry during the first portion of his tour in Vietnam, serving a little over 8 1/2 months in MOS 11H as a loader.  He was then reclassified to MOS 64A effective 23 February 1967 and served the remainder of his tour in this new MOS as a driver.  The circumstances behind this reclassification are not clear in the applicant's record.

2.  The award of the Combat Infantryman Badge requires the recipient to have satisfactorily performed in an infantry MOS (including 11H), they must have been assigned to an infantry unit (or an infantry platoon or squad within an armored cavalry unit) which was actively engaged in ground combat, and the recipient must have actively participated in such ground combat (emphasis added).

	a.  The applicant meets at least two requirements:

* he held the MOS of 11H
* he was assigned to a cavalry unit, and the letter of support provided by the applicant, suggests he was part of an infantry platoon while in Vietnam

	b.  On the question of satisfactory performance of infantry duties, his DA Form 20 shows ratings of excellent.  

	c.  He was awarded the Air Medal, which is primarily intended to be given to personnel on flying status (including gunners), but can also be awarded to non-crew-members, including those personnel whose combat duties required them to fly the attack elements of units involved in air-land assaults against an armed enemy.  

3.  Although his service with the 9th Cavalry fits much of the criteria for the award of the Combat Infantryman Badge, his records are void of evidence, nor does the applicant provide any verifying documentation, showing he participated in active ground combat.  Additionally, the fact he was awarded an Air Medal does not help to clarify the degree to which he participated in ground combat as it can be awarded to those in flying status and serving as gunners, as well as those who fly as part of attack elements involved in air-land assaults.

4.  There is, therefore, insufficient evidence upon which to base the award of the Combat Infantryman Badge at this time.  Should he be able to provide verifying documentation (such as duty logs and reports, and/or statements from his leadership during his assignment to the 9th Cavalry) within 1 year of the date of the Board's decision, his application may be reconsidered.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20140016904





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ABCMR Record of Proceedings (cont)                                         AR20140016904



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