RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	13 December 2007  
	DOCKET NUMBER:  AR20070011010 


	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.

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	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, that he be awarded the Combat Infantryman Badge and the Aircraft Crewman Badge.

2.  The applicant states, in effect, that he served in Vietnam from April 1968 through 31 March 1970 (sic 30 March 1970).  He states, "This item is not shown correctly on my DD 214 Form (sic DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge).  Secondary MOS [military occupational specialty] was 11C – Served as infantry MOS for my first 6 months in Country.  Service as door gunner for 9 months combat.  Accumulated several hundred hours of flying time."

3.  The applicant submits a letter stating his best recollection of his military service and a copy of his DD Form 214 in support of his request.

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’s records show that he enlisted in the Regular Army on 28 August 1967.  He completed basic combat and his advanced individual training at Fort Dix, New Jersey.  After completing all required training, he was awarded the MOS 71H (Personnel Specialist).

3.  The applicant served in Vietnam from 11 April 1968 through 30 March 1970.  His Vietnam service was verified and a DD Form 215, Correction to DD Form 214, was prepared and distributed on 21 April 1970.

4.  While he served in Vietnam, the applicant served with Company E, 4th Battalion, 21st Infantry Regiment, of the Americal Division, for the period 11 April 1968 through 6 September 1968, and with F Troop, 8th Cavalry Regiment, of the Americal Division, for the period from 7 September 1968 through 30 March 1970.

5.  The applicant held and performed duties related to the infantry MOS, 11C (Infantry Indirect Fire Crewman), for the period 13 April 1968 through 6 September 1968.  The actual duty performed appears to have been radio telephone operator (RTO).

6.  The applicant was awarded the MOS 11C as his secondary MOS by Special Orders 137, paragraph 3, prepared by Headquarters, Americal Division, dated 16 May 1968.

7.  The applicant's service personnel record is absent any evidence to show he served in active ground combat while assigned or attached to Company E, 4th Battalion, 21st Infantry Regiment, of the Americal Division, for the period 11 April 1968 through 6 September 1968.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, Enlisted Qualification Record, shows he was assigned to F Troop, 8th Cavalry Regiment, for duty in the MOS 71H, as a Troop Clerk, on 7 September 1968.

9.  A letter, dated 2 July 1969, addressed to the Commanding Officer, F Troop, 8th Cavalry Regiment, from the division surgeon, shows the applicant was given medical clearance to perform the duties of aerial gunner.

10.  Item 38, of the applicant's DA Form 20, does not have an entry showing he performed the duties of aerial or door gunner; however, Item 5 (Additional Pay Eligibility), of his DA Form 20, show he was entitled to flight pay.  Orders initiating flight pay are not on file in his service personnel records.

11.  On 2 November 1969, Special Orders 306, paragraph 23, were published by Headquarters, Americal Division, awarding the applicant the designation of Door Gunner.  The effective date of this designation was 1 October 1969.

12.  The applicant was honorably released from active duty, on 31 March 1970, under the provisions of Army Regulation (AR) 635-200, early release of overseas 

returnee.  He was separated in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 2 year, 7 months, and 3 days active military service, with no time lost.  Item 23a. (Specialty Number and Title), of the applicant's DD Form 214, shows he held the primary MOS 71H on the date of his release from active duty.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge, with Rifle and Automatic Rifle Bar [M-14 and M-16 Rifle]; and two overseas service bars.  No other awards are shown on the applicant's DD Form 214.

14.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing he was awarded the Combat Infantryman Badge and the Aircraft Crewman Badge.

15.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge and the Aircraft Crewman Badge.

16.  The applicant was awarded the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force, for the period April 1969 through July 1969, by General Orders Number 4881, published by Headquarters, Americal Division, on 15 June 1969.  The Army Commendation Medal is not shown on the applicant's DD Form 214.

17.  The applicant was awarded the Air Medal, for meritorious achievement while participating in aerial flight, for the period 11 September 1969 through 25 September 1969, by General Orders Number 10679, published by Headquarters, Americal Division, on 16 October 1969.  The Air Medal is not shown on the applicant's DD Form 214.

18.  The applicant alleges to have accumulated several hundred hours of flying time while he served as door gunner for nine months; however, he provided no documentary evidence to support his statement about the number of hours he flew.  A copy of the applicant's flight log or record is not on file in his service personnel record for review by the Board.

19.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the silver or the bronze service stars to which he is entitled for his campaign participation.

20.  While in Vietnam, the applicant participated in the following six campaigns:  the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

21.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  This regulation also provides that one silver service star will be worn in lieu of five bronze service stars.

22.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit, F Troop, 8th Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 24 August through 31 December 1969, by DA General Order (DAGO) Number 42, dated 1972, and the Valorous Unit Award, for the period 24 August through 25 September 1968, by DAGO 53, dated 1970, and for the period 11 through 31 August 1969, by DAGO 42, dated 1972.

23.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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.  The Awards Branch of the Total Army Personnel Command [now the Human Resources Command] has advised, in similar cases, 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.

24.  AR 672-5-1, the Army Regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crewman Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crewman Badge.  To be eligible for temporary award of the Aircraft Crewman Badge an individual had to be on flying status as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  The regulation also required individuals to be qualified based on a Class III physical examination, and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from these duties or they could be authorized permanent wear of the Aircraft Crewman Badge once they had fulfilled the regulatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crewman Badge, an individual must have performed in one of the duties specified above for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crewman Badge.  Further, an individual who had participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crewman Badge.

25.  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.

26.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

27.  AR 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each 6-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of a Soldier's arrival in and month of his departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The applicant held and performed the duties related to an infantry MOS in a company-sized infantry unit in Vietnam, for the period 11 April 1968 through 6 September 1968; however, there is insufficient evidence to show that he served in active ground combat and personally came under enemy fire while assigned or attached to this infantry unit.

3.  While in Vietnam, with this unit, the applicant did not receive any awards for valor or achievement that would give an indication he was exposed to combat and personally came under enemy fire.

4.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The evidence shows the applicant was assigned to and performed the duties of a door gunner for 6 months while he served in Vietnam.  During this time, his DA Form 20 indicates he was eligible to receive flight pay.  There is no evidence he was awarded the Aircraft Crewman Badge either on a temporary or on a permanent basis while he served as door gunner.

6.  To be eligible for temporary award of the Aircraft Crewman Badge, the applicant would have been required to be on flying status as a door gunner, to have been qualified for flight duties, based on a Class III physical examination, and to hold a principal duty assignment as a door gunner.  These personnel were authorized to wear the badge temporarily until relieved from these duties or they could be authorized permanent wear of the Aircraft Crewman Badge once they had fulfilled the regulatory requirements for permanent award of the badge.  For permanent award of the Aircraft Crewman Badge, an individual would have been required to perform the duties of door gunner for not less than 12 months (not necessarily consecutive) or was required to have been school trained for the duties specified.

7.  The evidence therefore shows he was qualified to have been awarded the Aircraft Crewman Badge on a temporary basis; however, because he did not perform the duties of door gunner for a period of over one year, he is not entitled to award of the Aircraft Crewman Badge and to have it added to his DD Form 214.

8.  While in Vietnam, the applicant was awarded the Army Commendation Medal and the Air Medal.  These awards are not shown on his DD Form 214.  It would be appropriate to add these awards to his DD Form 214 at this time.

9.  The applicant contends that he accumulated hundreds of hours of flight time while he served in Vietnam; however, there is insufficient evidence to verify his contention.  Had he flown hundreds of hours as he contends, it is apparent he would have been awarded in excess of the one Air Medal he received.

10.  The applicant served in six campaigns while he served in Vietnam.  He is therefore entitled to award of one silver and one bronze service star to be affixed to his already-awarded Vietnam Service Medal and to have these service stars added to his DD Form 214.

11.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and was twice awarded the Valorous Unit Award while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214 at this time.

12.  The applicant served in Vietnam from 11 April 1968 through 30 March 1970. He served in Vietnam for 24 months, counting the month of his arrival and the month of his departure from Vietnam.  He is therefore entitled to award of four overseas service bars and to have these bars added to his DD Form 214.

13.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

	a.  adding the already-awarded Air Medal and the Army Commendation Medal  to his DD Form 214; 
	
	b.  adding the Republic of Vietnam Gallantry Cross, with Palm, Unit Citations, and Valorous Unit Award (Two Awards) to his DD Form 214; 

	c.  awarding the applicant one silver and one bronze service star to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit while he served in Vietnam; and 

	d.  awarding the applicant two additional overseas service bars, for a total of four, and adding these overseas service bars to his DD Form 214.





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          CHAIRPERSON



INDEX

CASE ID
AR20070011010
SUFFIX

RECON

DATE BOARDED
20071213
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY w Note SOL
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0020
3.
107.0118
4.

5.

6.