IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100000695 


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:

* his military occupational specialty (MOS) was 11B4O
* he was in the 9th Aviation Battalion, 9th Infantry Division, as a helicopter door gunner
* he was active in military evacuations and he was on the receiving end exchanging gunfire with his crews in the air and on the ground

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a map of Vietnam.

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.  On 15 July 1966, the applicant enlisted in the Regular Army for 3 years.  He completed training as a clerk typist.  He arrived in Vietnam on 17 September 1967 and he was assigned to Company B, 9th Aviation Battalion, 9th Infantry Division, as a clerk typist.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was transferred to Company A, 9th Aviation Battalion, 9th Infantry Division, and was awarded MOS 11B4O on 1 June 1968.

4.  On 13 September 1968, the applicant departed Vietnam en route to the continental United States.

5.  The applicant was honorably released from active duty on 14 July 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

6.  The DD Form 214 he was furnished shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Air Medal (12th Oak Leaf Cluster)
* Army Commendation Medal

7.  A review of the available records does not show the applicant was engaged in active ground combat while he was in Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provides 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) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge.

2.  His records do show he was assigned to the 9th Aviation Battalion within the 9th Infantry Division.  However, there is no evidence in the available records that shows he engaged in active ground combat with an infantry unit of brigade or smaller size when he was in Vietnam.  Therefore, he does not meet the criteria for award of the Combat Infantryman Badge.

3.  In view of the foregoing there is no basis for granting the requested relief.

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)                                         AR20100000695



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR