RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  03 April 2008
	DOCKET NUMBER:  AR20070018553 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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 that his records be corrected to show the award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he was drafted into a combat infantry unit, the  
2nd Battalion, 506th Infantry (Airmobile), 101st Infantry Division, where he received a Letter of Heroism and was awarded the Army Commendation Medal with "V" Device for voluntarily joining the fire fight to help the local Popular Forces defeat an attack from the "VC."  He also rappelled into several hot landing zones, villages, and one Military Assistance Compound Vietnam (MACV) compound, but he did not received the award of the Air Medal.

3.  He continues that during his tour in Vietnam he was transferred to several companies in the 2nd Battalion, 506th Infantry and he believed it caused the processing of his paperwork to be delayed or interrupted.  He spent one third of his tour on fire bases, one third in the field as a Mobile Training Team member living in the villages and jungles, and one third in the Communication Company at Camp Evans.  He was involved in combat in all three assignments.

4.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215 (Correction to DD Form 214), and Headquarters, 101st Airborne Division (Airmobile) General Orders Number 8141 dated 18 July 1970.

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 military personnel record shows he was inducted into the Army of the United States on 4 February 1969.  He completed the necessary training and was awarded the military occupational specialty (MOS) 05B (Radio Operator).

3.  He served as a 05B Radio Operator with Headquarters and Headquarters Company (HHC), 2nd Battalion, 506th Infantry (Airmobile) during the period  
18 September 1969 to 3 August 1970 in the Republic of Vietnam.

4.  He was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training), St Louis, Missouri on 3 February 1971. He completed 2 years of Net Service This Period.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device 1960.  However, it does not show the award of the CIB.

6.  A DD Form 215 was later issued to show the applicant was awarded the Army Commendation Medal with "V" Device and First Oak Leaf Cluster, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 8141 dated 18 July 1970 shows the applicant was awarded the Army Commendation Medal with "V" Device for heroism on 27 December 1969, while distinguishing himself as a Radio Telephone Operator serving as an Advisor with 2nd Battalion, 506th Infantry (Airmobile) during combat action in Thua Thien Province, Republic of Vietnam.  The applicant subjected himself to small arms fire as he rushed to the point of contact to repair friendly forces radio.

8.  U.S. Military Assistance Command, Vietnam, (MACV) Directive  
672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

9.  There is no evidence to show that the applicant rappelled into several hot landing zones in villages and MACV compound.
10.  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.

11.  USARV Regulation 672-1 further stated that individuals who travel by aircraft from point to point for the purpose of participating in combat assaults are eligible for the award of the AM for achievement after completion of 25 assault missions. Personnel in this category are not required to complete 25 hours of flight time.  For personnel transported by aircraft, a combat assault mission is defined as a mission where friendly troops conduct the initial landings into a hostile area for the purpose of conducting combat or combat support operations.  A passenger may receive credit for one mission for each assault landing completed.  This regulation continued by stating that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.

12.  A review of the applicant's records indicates entitlement to an additional award and decoration not shown in item 24 of his DD Form 214.

13.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows the unit, to which the applicant was assigned, HHC, 2nd Battalion, 506th Infantry (Airmobile), was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.

15.  Headquarters, United States Army Training Center (Air Defense) Special Orders Number 106 dated 16 May 1969 shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the award of the CIB and, in effect, that he be awarded the Air Medal for rappelling into several villages and a MACV compound.

2.  The evidence shows the applicant was awarded the Army Commendation Medal with "V" Device for heroism while distinguishing himself as a Radio Operator serving as an Advisor with 2nd Battalion, 506th Infantry (Airmobile) during combat action in Thua Thien Province, Republic of Vietnam.  That evidence is sufficient to authorize the award of the CIB.  Therefore, he is entitled to correction of his records to show the award of the CIB.

3.  Records show he is authorized the Army Good Conduct Medal first award for the period 4 February 1969 to 3 February 1971 for completion of a period of qualifying service less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized the award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

5.  Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show this award.

6.  The applicant states he did not receive the Air Medal.  However, there is no evidence that shows the applicant met the eligibility criteria for the award of the Air Medal.  There is also no evidence that a request for an award of the Air Medal was ever submitted.  Therefore, he is not entitled to correction of his records to show the award of the Air Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__CD __  __LMD__  __JCR___   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the CIB, Army Good Conduct Medal first award for the period 4 February 1969 to 3 February 1971, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal.




___Carmen Duncan  ___
      CHAIRPERSON