RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060008114 


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


Mr. Carl W. S. Chun

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. David K. Haasenritter

Member

Mr. Ronald D. Gant

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge and all of his Air Medals.

2.  The applicant states that he is trying to correct his military records. 

3.  The applicant provides a copy of his DD Form 214, General Orders for award of the Air Medal, Special Orders for award of the Combat Infantryman Badge, and his flight records. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 22 January 1969, the date of his release from active duty.  The application submitted in this case is dated 30 May 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  On 21 June 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

4.  Special Orders 245, United States Army Training Center, Fort Polk, Louisiana, dated 22 September 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.  This was with the M16 rifle.

5.  Special Orders 257, United States Army Training Center, Fort Polk, Louisiana, dated 4 October 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

6.  On 8 December 1967, the applicant was assigned for duty as a nonaviation crewman with company A, 4th Aviation Battalion, 4th Infantry Division, in the Republic of Vietnam.  
7.  On 16 June 1968, the applicant was assigned to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, for duty with the Long Range Reconnaissance Patrol.  He was returned to the United States on 
22 January 1969.

8.  On 22 January 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4, and had completed 1 year, 
7 months and 2 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (This is for the M14  rifle).  It does not show award of the Combat Infantryman Badge. 

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
  
11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaigns: the Vietnam Counteroffensive, Phases III, IV, V, and VI, and the TET Counteroffensive.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Aviation Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  

13.  General Orders 4374, 4th Infantry Division, dated 8 August 1968, award the applicant the Air Medal with "V" Device and First Oak Leaf Cluster for heroism while participating in aerial flight in the Republic of Vietnam.  He distinguished himself while serving as a helicopter door gunner.  On 10 June 1968, he was involved in a tactical resupply and combat assault in support of the 3rd Battalion, 8th Infantry. At three different fire bases, he continually exposed himself to rocket, heavy mortar and automatic rifle fire during the unloading of ammunition. 
14.  Special Orders 266, 4th Infantry Division, dated 22 September 1968, awarded the applicant the Combat Infantryman Badge.

15.  The applicant's flight records show that between 11 December 1967 and 
11 June 1968, he participated in aerial flight.  United States Army Vietnam Forms 131 (Awards and Decoration Qualification Records) show that he completed 1507 missions as a door gunner and was certified for award of the Air Medal with twelve oak leaf clusters (thirteen awards).   

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

18.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

DISCUSSION AND CONCLUSIONS:

1.  General Orders and the applicant's records show that he was awarded the Air Medal for heroism and participated in a sufficient number of missions to qualify for another thirteen awards of the Air Medal.  Therefore, his records should be corrected to show that he was awarded the Air Medal with "V" Device and Numeral 14. 

2.  Special Orders awarded the applicant the Combat Infantryman Badge.  Therefore, his records should be corrected to show this award.

3.  General Orders show that the applicant's unit was awarded the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

4.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards. 

5.  Records show that the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized a silver service star to be affixed to his Vietnam Service Medal.  

6.  Special Orders award the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these awards.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 January 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
21 January 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__RDG__  __JCR___  _DKH __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal with "V" Device and Numeral 14, Combat Infantryman Badge, Meritorious Unit Commendation, Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars, Marksman Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with a silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 




______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060008114
SUFFIX

RECON
 
DATE BOARDED
20070208 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.