IN THE CASE OF:	  

	BOARD DATE:	  2 December 2008

	DOCKET NUMBER:  AR20080007660 


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 correction of his military records to show that he was awarded the Air Medal and the Bronze Star Medal (BSM). 

2.  The applicant states that he served in the Republic of Vietnam and should have earned the Air Medal and the Bronze Star Medal.  He contends that because he was suddenly reassigned without warning the medals were not awarded.  He states that he was awarded the Combat Infantryman Badge (CIB) while assigned to the 1st Battalion, 8th Calvary Regiment.  He engaged long patrols, firing from helicopters (along with the door gunners), while deploying into hot landing zones.  He was a part of a nine man team with a mission of "fix, find, and destroy."  They were picked up in one area and transported to another area to complete a mission, then picked up and transported to another area to complete another mission, and so on.  The applicant understands that an infantryman serving in a combat area and receiving the CIB should have also received the BSM.  According to the information he has regarding the BSM, it was awarded to a person who "…distinguished himself…by…meritorious achievement or service…in connection with military operations against an armed enemy…" and that "for this purpose, an award of the Combat Infantryman Badge…is considered as a citation in orders."  

3.  The applicant provides copies of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), two DD Forms 215 (Correction to DD Form 214), pages 1 and 3 of his Enlisted Qualification Record (DA Form 20), a letter from the United States Army Military Personnel Center, Alexandria, Virginia, dated 1 May 1981, and three internet pages of the 1st Cavalry Division Association Update.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, that the applicant be awarded the Air Medal and the Bronze Star Medal for his service in the Republic of Vietnam.

2.  Counsel states, in effect, that the issues, as stated, on the application amply advance the applicant’s contentions and substantially reflect the probative facts needed for an equitable review.

3.  Counsel provides no additional documentation.

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.  On 14 July 1970, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman)             

3.  On 20 December 1970, the applicant was assigned for duty as a machine gunner with the 1st Battalion, 8th Cavalry, 1st Cavalry Division, in the Republic of Vietnam.  

4.  On 19 March 1971, the applicant was reassigned for duty as a military policeman with the 101st Military Police Company.

5.  On 11 January 1972, the applicant returned to the United States.

6.  On 15 January 1972, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
6 months and 2 days of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as subsequently corrected, lists his awards as the National Defense Service Medal, Army Commendation Medal, Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with "1960-" Device, Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Air Medal or the Bronze Star Medal. 

8.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded an Air Medal or Bronze Star Medal.

9.   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.

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.  However, the regulation was clear that these guidelines were considered only a departure point. 



11.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge was considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized this badge for service during World War II.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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.  The Awards Branch of the U.S. Army 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.

14.  U.S. Army Vietnam Regulation Number 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.


15.  Title 10 of the U. S. Code, section 1130 (10 USC §1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge is without merit.  During World War II an award of the Combat Infantryman Badge was considered to be proof of exemplary conduct in ground combat.  As such, it was used as a basis for award of the Bronze Star Medal.  However, during the Vietnam conflict, the criteria for award of the Combat Infantryman Badge no longer required that conduct in ground combat be exemplary.  Furthermore, there is no evidence showing that the applicant was recommended for award of the Bronze Star Medal.

2.  The applicant’s contention that he should be awarded the Air Medal based on his being transported, as a passenger, via helicopter to each of his missions is not supported by any evidence of record.  The criteria for award of the Air Medal included completion of 25 air assault or equally dangerous missions.  There are no available flight records or other evidence showing that the applicant was on flight status and had completed the required number of missions.

3.  In view of the above, the applicant’s request for award of the Air Medal and Bronze Star Medal should be denied. 

4.  While the available evidence is insufficient for awarding the applicant an Air Medal or Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC §1130.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



	__________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.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080007660



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