BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160003920 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160003920 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. He 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. BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160003920 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, in effect, he should be awarded the CIB for combat actions in Vietnam while assigned to the 135th Assault Helicopter Company during the period 30 October 1970 through 29 October 1971. 3. The applicant provides: * a self-authored letter * a self-authored timeline of engagements during his tour in Vietnam * two photos * ten pages of his aviation log book * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 February 1972 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 appointed as a Reserve commissioned officer of the Army on 28 April 1969, as a second lieutenant in the U.S. Army Reserve (USAR) and the Army of the United States (AUS). He entered active duty on that same date. Following the completion of aviator training on or about 28 July 1970, he was awarded military occupational specialty (MOS) 1981 (Rotary Wing Aviator). 3. The applicant served in the Republic of Vietnam from on or about 30 October 1970 through on or about 29 October 1971. During this period, he was assigned to the 135th Assault Helicopter Company, 11th Combat Aviation Battalion. a. Item 18 (Record of Assignments) of his DA Form 66 (Officer Qualification Record) shows he served in: * MOS 1981 from on or about 3 November 1970 through on or about 8 July 1971 * MOS 62162 (Operations and Training Staff Officer (G3, S3) (Pilot)) from on or about 9 July through on or about 31 August 1971 * MOS 1981 from on or about 1 September through on or about 24 October 1971 b. His record does not show he served as an infantry officer during his period of service in the Republic of Vietnam. 4. The applicant was honorably released from active duty on 29 February 1972. His DD Form 214 shows he was awarded or authorized: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Aviator Badge * 2 overseas service bars 5. The applicant's record is void of orders or other documentation that shows he was previously awarded the CIB. 6. The applicant provides a self-authored timeline and ten pages from his aviation log book that detail specific engagements he participated in during the period 3 November 1970 through 1 October 1971. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the CIB is awarded to infantry officers and warrant officers and enlisted Soldiers who possess an infantry MOS. There are 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. 2. U.S. Army Vietnam Regulation Number 672-1 specifically governed award of the CIB to Army forces operating in Vietnam. This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat." DISCUSSION: 1. Regulatory guidance prescribes that the CIB may be awarded to infantry personnel who performed infantry duties while members of infantry units. 2. The applicant served as a Rotary Wing Aviator during his period of service in the Republic of Vietnam. There are no orders or other documentation showing he served as an infantry officer in an infantry unit of brigade, regimental, or smaller size, during such time as the unit was engaged in active ground combat. The available records do not show he met the criteria for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003920 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003920 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2