IN THE CASE OF:	  

		BOARD DATE:	        30 April 2009

		DOCKET NUMBER:  AR20090000293 


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 that item 9 (Date of Birth) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.  He also requests a second award of the Air Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was born on 26 June 1948 and his date of birth is correct on all of his military documents except his DD Form 214.  He contends that orders for a second award of the Air Medal were published but not awarded or recorded on his DA Form 20 (Enlisted Qualification Record) or DD Form 214.  He also contends that the Combat Infantryman Badge was not awarded or recorded on his DA Form 20 or DD Form 214.

3.  The applicant provides a birth certificate, a copy of his DD Form 214, a copy of his DA Form 20, and orders pertaining to his flying status 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's military records are not available to the Board.  This case is being considered using reconstructed records which primarily consist of a DD Form 214 and a DA Form 20.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 23 April 1968.  His DA Form 20 shows he was awarded military occupational specialty (MOS) 11B (light weapons infantryman) in August 1968.  His DA Form 20 shows he served in MOS 11B assigned to Troops B, C, and D, 2nd Squadron, 1st Cavalry, of the 4th Infantry Division in Vietnam from 22 September 1968 to 10 September 1969.  On 22 April 1970, the applicant was released from active duty.

4.  Item 9 on the applicant's DD Form 214 shows he was born on 26 June 1945.  His DD Form 214 shows the National Defense Service Medal, the Air Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

5.  Item 6 (Date of Birth) on the applicant's DA Form 20 shows he was born on 
26 June 1948.

6.  In support of his claim for amending his date of birth, the applicant provided a certified copy of his birth certificate which shows he was born on 26 June 1948.

7.  There are no orders for a second award of the Air Medal or the Combat Infantryman Badge in the applicant’s service personnel records.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal orders for a second award of the Air Medal.

9.  In support of his claim for a second award of the Air Medal, the applicant provided special orders, dated 26 May 1969, which show his flying status was changed to nonaviator, crewmember, effective 26 January 1969.

10.  U.S Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal for sustained operations.  Appendix IV of the regulation required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit).  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit."

11.  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.  Additionally appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant's DA Form 20 and his certified copy of his birth certificate which show he was born on 26 June 1948 are accepted as sufficient evidence on which to amend item 9 of his DD Form 214.

2.  The applicant's DD Form 214 shows one award of the Air Medal as an authorized award.  There are no orders for a second award of the Air Medal in the available records.  Therefore, there is insufficient evidence on which to base a second award of the Air Medal in this case.

3.  There are no orders for the Combat Infantryman Badge.  The evidence of record shows the applicant held and served in an infantry MOS and that he was assigned to Troops B, C, and D, 2nd Squadron, 1st Cavalry, of the 4th Infantry Division during his assignment in Vietnam.  There is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.



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:

	a.  deleting the entry "26 Jun 45" in item 9 of his DD Form 214; and 

	b.  adding the entry "26 Jun 48" in item 9 of 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 a second award of the Air Medal or the Combat Infantryman Badge.



      ___________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)                                         AR20090000293



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ABCMR Record of Proceedings (cont)                                         AR20090000293



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