Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075102C070403
Original file (2002075102C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 December 2002
         DOCKET NUMBER: AR2002075102

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. James E. Anderholm Member
Ms. Charmane collins Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Combat Infantryman Badge (CIB) and the Air Medal (AM).

APPLICANT STATES: That he has a picture of himself wearing the CIB, which proves he was awarded that badge. As for the AM, at least two helicopters assigned to his unit were shot down while he was in Vietnam.

In support of his request, the applicant provides a picture of a soldier wearing the CIB.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted and entered on active duty on 5 June 1968. He was awarded the military occupational specialty (MOS) of infantryman and was promoted to pay grade E-5.

He served in Vietnam as a rifleman assigned to an infantry company from 24 November 1968 to 27 March 1969.

He was then transferred to Hawaii where he served from 28 March 1969 to 29 May 1970.

He was honorably released from active duty on 29 May 1970 due to his having insufficient time remaining on his induction to warrant reassigning him after his return from overseas. His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Good Conduct Medal.

Army Regulation 600-8-22 provides that the AM is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties). In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.

U.S Army Vietnam (USARV) Regulation 672-1 provided guidelines for award of the AM. It defined the departure point for the award of the AM based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions). However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit. The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident. The individual must have continuously demonstrated a high degree of air discipline. And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended. There was no provision for making the award simply because an aircraft was struck by enemy fire.

Army Regulation 600-8-22 also provides 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.

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant served in Vietnam during Counteroffensive, Phase VI, starting on 2 November 1968, and Tet 69 Counteroffensive, starting on 23 February 1969. That Pamphlet also provides that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. While the applicant held an infantry MOS and was assigned as a rifleman to an infantry company, he has not submitted any documentation to show, and there is no evidence of record to support, that he served in active ground combat. Without such documentation or evidence, there is no basis on which to award him the CIB.

2. As for the AM, again the applicant has not submitted any documentation to show, and there is no evidence of record to support, that he participated in air assaults. Even if there was such evidence, there is no indication that he flew the prerequisite number of missions to qualify for the AM.

3. However, the applicant is entitled to two bronze service stars to his Vietnam Service Medal.

4. In addition, he is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

5. The addition of the applicant's missing awards is administrative in nature and does not require the authority of the Board to correct.

6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency, St. Louis, Missouri, will be requested to amend the applicant's separation document to add two bronze service stars to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___jea___ ___cc ___ ____fne _ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002075102
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021203
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002076622C070215

    Original file (2002076622C070215.rtf) Auto-classification: Approved

    Army Regulation 600-8-22 provides that the Good Conduct Medal (GCM) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This regulation further states that for award of the CIB, a 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...

  • ARMY | BCMR | CY2008 | 20080002652

    Original file (20080002652.txt) Auto-classification: Approved

    The applicant's Military Personnel Records Jacket (MPRJ) contains no orders or other documents that show the applicant was ever awarded, held, or served in an infantry MOS, or that he was awarded the CIB or AM by proper authority while serving in the RVN. The evidence of record also fails to show that the applicant served as a crewmember or non-crewmember on flight status during his tenure of assignment in the RVN, or that he completed the number of air missions necessary to qualify for...

  • ARMY | BCMR | CY2011 | 20110010066

    Original file (20110010066.txt) Auto-classification: Approved

    This order shows he was awarded the AM (basic through fifth award) for the period 23 March to 2 November 1971 in accordance with Army Regulation 672-5-1 (Awards). Although he provides copies of his flight records which show he performed over 100 missions and recorded 462 hours of flight time, he has not provided sufficient evidence to show the category level for these missions. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2011 | 20110003221

    Original file (20110003221.txt) Auto-classification: Approved

    The applicant requests the Army Commendation Medal, Combat Infantryman Badge (CIB), and Air Medal be added to his DD Form 214 (Report of Separation from Active Duty) for the period ending 22 July 1975. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB or Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal and Republic of...

  • ARMY | BCMR | CY2011 | 20110019778

    Original file (20110019778.txt) Auto-classification: Approved

    U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 28 September 1967 to 12 March 1969 and to correct his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned...

  • ARMY | BCMR | CY2010 | 20100027655

    Original file (20100027655.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show, in effect, he: a. completed the Infantry Leaders Course Phase I and II; b. was authorized award of the Purple Heart (PH), Combat Infantryman Badge (CIB), Air Medal (AM), Bronze Star Medal (BSM), and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation; and c....

  • ARMY | BCMR | CY2011 | 20110002617

    Original file (20110002617.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by: a. deleting the current VSM and ARCOM entries and b. adding the Vietnam Service Medal with 4 bronze service stars, Army...

  • ARMY | BCMR | CY2010 | 20100013735

    Original file (20100013735.txt) Auto-classification: Approved

    The applicant's military records do not contain orders for any of the individual awards or badges he has requested to be added to his DD Form 214. Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. The applicant is not entitled to the Armed Forces Expeditionary Medal because he was not assigned to Vietnam during the period...

  • ARMY | BCMR | CY2012 | 20120007033

    Original file (20120007033.txt) Auto-classification: Denied

    U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB. However, there are no orders for the Air Medal in the available records. Since there is no evidence he served in an advisor position as a radio operator in Vietnam, there is insufficient evidence on which to add the CIB to his DD Form 214.

  • ARMY | BCMR | CY2001 | 2001059678C070421

    Original file (2001059678C070421.rtf) Auto-classification: Approved

    The applicant’s military records show that he enlisted in the Regular Army on 11 October 1966. The Board concludes that there is sufficient evidence to show that the applicant was wounded by an enemy trap (a “pungee stake”) and so is entitled to award of the Purple Heart. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received on 17 October 1967 and the Army Good Conduct Medal for the period 11 October...