BOARD DATE:	  February 17, 2010

		DOCKET NUMBER:  AR20090014175 


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 his records be reviewed to determine if he is entitled to any awards not listed on his DD Form 214 (Report of Transfer or Discharge) to include the Air Medal, the Bronze Star Medal, the Combat Infantryman Badge, and/or the Combat Action Badge.

2.  The applicant states he was attached to an infantry brigade while serving in Vietnam.  He deserves the Bronze Star Medal for meritorious service for "injustice of unpleasant details".  He believes he deserves the Air Medal for numerous trips to the field by helicopter and the Combat Infantryman Badge for taking fire while in a helicopter that had to be taken out of service due to the damage from enemy fire.  He states his statements can be verified by his former company commander.

3.  The applicant provides copies of his DD Form 214, 11 September 1969 promotion orders, and a Polaroid photograph.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no supporting statements or 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. The applicant was inducted on 15 August 1968, completed training, and was awarded military occupational specialty (MOS) 05C (Radio/Teletype Operator).

3.  Army Training Center Special Orders Number 285, dated 11 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Hand Grenade Bar.

4.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  promotion to specialist four (E-4);

	b.  served in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 52nd Infantry Regiment from 20 April 1969 through 8 January 1970 as a radio/teletype operator;

	c.  award of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar;
 
	d.  his conduct and efficiency ratings are reported as exclusively “excellent”; and 

	e.  the block for campaigns is blank.

5.  The applicant was released from active duty on 14 August 1970 having served for 2 years.  His DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter 

Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16):

6.  The Polaroid photograph of a helicopter being air transported is not identified in any way and the reason for it being transported can not be determined from the photo.

7.  The available record does not contain any evidence that the applicant was placed on flight status or was recommended or awarded the Air Medal, the Bronze Star Medal, the Combat Infantryman Badge, or the Combat Action Badge.

8.  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 that while the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 52nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

9.  United States Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It provides the following:

	a.  that passenger personnel who did not participate in an air assault were not eligible for the Air Medal 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.  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.  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”, and 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”;


	b.  the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations;

	c.  the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial; and

	d.  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 USARV 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.

10.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  the award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001; and

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; the Vietnam Summer–Fall 1969, 9 June 1969 – 31 October 1969; the Vietnam Winter–Spring 1970; 1 November 1969 – 30 April 1970

11.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military 

Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was attached to an infantry brigade while serving in Vietnam.  He deserves the Bronze Star Medal for meritorious service for "injustice of unpleasant details."  He believes he deserves the Air Medal for numerous trips to the field by helicopter and the Combat Infantryman Badge for taking fire while in a helicopter that had to be taken out of service due to the damage from enemy fire.  He states his statements can be verified by his former company commander.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 15 August 1968 through 14 August 1970.

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  His DD Form 214 only shows two bronze service stars; therefore, it is appropriate to correct the record to show three bronze service stars

4.  In addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Expert Marksmanship Qualification Badge with Hand Grenade Bar.  It is appropriate to correct the record to show these awards.

5.  The applicant did not serve in an infantry MOS and as such is not authorized award of the Combat Infantryman Badge.

6.  The Combat Action Badge was not created until 2001 and was not made retroactive; hence, the applicant can not qualify for this award.

7.  The record does not show and the applicant has not provided any evidence that he qualified for, was recommended for, or was awarded the Air Medal or the Bronze Star Medal.

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.  awarding the applicant the Good Conduct Medal for his period of service from 15 August 1968 through 14 August 1970; and 

	b.  showing that, in addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Hand Grenade Bar, and to wear three bronze service stars on his Vietnam Service Medal.

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 Air Medal, the Bronze Star Medal, the Combat Infantryman Badge, or the Combat Action 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)                                         AR20090014175





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ABCMR Record of Proceedings (cont)                                         AR20090014175



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