IN THE CASE OF:	

		BOARD DATE:	       29 January 2009

		DOCKET NUMBER:  AR20080016469 


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, award of the Combat Infantryman Badge, the Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he earned the medals which are on his uniform that he came home in.  He contends that he took advance training on the way to Vietnam, that he participated in many "LZ" landings, that he engaged in fire fights, and that he went into Laos. 

3.  The applicant provides a letter, dated 11 April 2002, from the National Personnel Records Center, St. Louis, Missouri; excerpts from a 1971 operational report; two photographs of a Soldier; three Certificates of Appreciation and Recognition; a DD Form 214 (Report of Transfer or Discharge); and a document from the American Legion in support of his application.  

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 enlisted on 31 July 1969 for a period of 3 years.  He was awarded military occupational specialty (MOS) 05B (radio operator) on 3 March 1970.  He arrived in Vietnam on 15 August 1970.  He served in MOS 05B while assigned to Headquarters and Headquarters Company, 1st Battalion, 327th Infantry in Vietnam from 30 August 1970 through 1 May 1971.  On 18 February 1972, the applicant was released from active duty.  

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

4.  There are no orders for the Combat Infantryman Badge or the Air Medal in the applicant’s service personnel records.  A search of the U. S. Army Human Resource Command's Awards and Decorations Computer Assisted Retrieval System (ADCARS) did not locate orders awarding the applicant the Combat Infantryman Badge or the Air Medal.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit is eligible for award of the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.    

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 7756, dated 23 July 1971, show the applicant received the Bronze Star Medal. 

7.  Records show the applicant participated in one campaign during his assignment in Vietnam.

8.   Army Regulation 600-8-22 (Military Awards) 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 during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

9.  U.S. Army Vietnam Regulation Number 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 positions which qualified for award of the Combat Infantryman Badge.  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.   
 
10.  U.S. Army Vietnam Regulation 672-1 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.  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.

12.  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.

13.   Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held MOS 05B and served as a radio operator while assigned to Headquarters and Headquarters Company, 1st Battalion, 327th Infantry in Vietnam.  There is no evidence of record which shows the applicant served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size or that he accompanied infantry or infantry-type units on tactical operations.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  There are no orders for the Air Medal in the available records.  Therefore, there is insufficient evidence on which to base award of the Air Medal in this case.

3.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

4.  Orders show the applicant received the Bronze Star Medal.

5.  The applicant participated in one campaign during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one bronze service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Bronze Star Medal, and one bronze service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 

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 award of the Combat Infantryman Badge or the Air Medal.



      _______xxx_______________
               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)                                         AR20080016469



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ABCMR Record of Proceedings (cont)                                         AR20080016469



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