IN THE CASE OF:	  

		BOARD DATE:	        18 September 2008

		DOCKET NUMBER:  AR20080008908 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show two additional awards of the Air Medal (correctly known as the Air Medal with Numeral 3), the Army Commendation Medal with “V” Device, and the Combat Action Ribbon.

2.  The applicant states, in effect, that he served in combat in Vietnam, that he flew 48 missions, and that he believes the awards are missing from his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214.

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 was inducted on 24 June 1969.  He served as an infantryman in Vietnam and was released from active duty on 23 March 1971. 

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Air Medal, and the Bronze Star Medal as authorized awards.   

4.  Headquarters, 25th Infantry Division General Orders Number 11507, dated 
29 November 1970, show the applicant received the Army Commendation Medal for meritorious achievement for the period 1 September 1970 to 31 October 1970.

5.  Headquarters, II Field Force Vietnam General Orders Number 768, dated 
18 March 1971, show the applicant received the basic award of the Air Medal for the period 22 June 1970 to 6 December 1970.  

6.  There are no orders for any additional awards of the Air Medal in the available records.  

7.  There are no orders for the Army Commendation Medal with “V’ Device in the available records. 

8.  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.  

9.  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.

10.  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.

11.  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.

12.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

13.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  Department of Defense Instruction 1348.33 also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received one award of the Air Medal which is properly reflected on his DD Form 214.  Since there are no orders for any additional awards of the Air Medal, there is insufficient evidence on which to base any additional awards of the Air Medal in this case.  In addition, since he contends he flew 48 missions, it appears that only one Air Medal would have been authorized.

2.  There are no orders for the Army Commendation Medal with “V” Device.  Therefore, there is insufficient evidence on which to base adding the Army Commendation Medal with “V” Device to his DD Form 214 in this case. 

3.  The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  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.


      _______ _ xxxx_____   ___
               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)                                         AR20080008908





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ABCMR Record of Proceedings (cont)                                         AR20080008908



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