IN THE CASE OF:	

		BOARD DATE:	02 March 2010  

		DOCKET NUMBER:  AR20090014557 


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 he be awarded the Bronze Star Medal with "V" Device, the Air Medal, the Combat Infantryman Badge, and the Air Assault Badge.  He also requests the Presidential Unit Citation (Army), the Meritorious Unit Commendation (Army), the Valorous Unit Award, and the Republic of Vietnam Presidential Unit Citation be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 29 October 1971.

2.  The applicant states he is requesting these awards because he believes that he is entitled to them.

3.  The applicant provides no additional evidence 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 personnel records show he enlisted in the Regular Army on 17 October 1969 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 76Y (Armorer Unit Supply Specialist).  On 19 October 1970, he was honorably discharged.  He immediately reenlisted on 20 October 1970 for a period of 3 years.

3.  The applicant was assigned to the 2nd Battalion (Airborne), 503rd Infantry in the Republic of Vietnam from 26 December 1970 to 17 July 1971.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded or authorized the Bronze Star Medal with "V" Device, the Air Medal, the Combat Infantryman Badge, the Air Assault Badge, the Presidential Unit Citation (Army), the Meritorious Unit Commendation (Army), the Valorous Unit Award, or the Republic of Vietnam Presidential Unit Citation.

5.  On 29 October 1971, the applicant was discharged by reason of conduct triable by court-martial.  He had completed 10 months and 6 days active service that was characterized as under other than honorable conditions.  On 17 June 1975, the Army Discharge Review Board changed the characterization of his discharge to under honorable conditions.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
does not show he was awarded or is authorized the Bronze Star with "V" Device, the Air Medal, the Combat Infantryman Badge, the Air Assault Badge, the Presidential Unit Citation (Army), the Meritorious Unit Commendation (Army), the Valorous Unit Award, or the Republic of Vietnam Presidential Unit Citation.

7.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him the Bronze Star with "V" Device, the Air Medal, the Combat Infantryman Badge, or the Air Assault Badge.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing 

credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to the 
2nd Battalion (Airborne), 503rd Infantry the unit did not receive any unit awards.

9.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that 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.  

10.  USARV Regulation 672-1 provided 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.  USARV 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 military occupational specialty (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.  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.

12.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of the Air Assault Badge.  The Air Assault Badge was approved by the Army Chief of Staff on 18 January 1978, for Army-wide wear by individuals who 

successfully completed air assault training after 1 April 1974.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

13.  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.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Bronze Star with "V" Device, the Air Medal, the Combat Infantryman Badge, and the Air Assault Badge.  He also contends he should be authorized the Presidential Unit Citation (Army), the Meritorious Unit Commendation (Army), the Valorous Unit Award, and the Republic of Vietnam Presidential Unit Citation.

2.  There is no evidence of heroism, meritorious achievement, or service not involving aerial flight by the applicant.  Therefore, there is insufficient evidence to award him the Bronze Star Medal with "V" Device.

3.  There is no evidence the applicant participated in any Category I missions or that he accrued 25 hours of flight time while participating in Category I missions.  His MPRJ does not contain any orders or recommendation for the award of the Air Medal.  Therefore, there is insufficient evidence to award him the Air Medal.

4.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal with "V" Device and/or the Air Medal, this in no way affects the applicant’s right to pursue these medals by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  Evidence shows the applicant was assigned in Vietnam in MOS 76Y (a non-infantry MOS) and he performed the duties of an armorer.  Therefore, the applicant did not meet the regulatory requirements for award of the Combat Infantryman Badge.

6.  Department of the Army Pamphlet 672-3 does not show the applicant's unit was awarded the Presidential Unit Citation (Army), the Meritorious Unit Commendation (Army), the Valorous Unit Award, or the Republic of Vietnam Presidential Unit Citation during the period he was assigned to the unit.  Therefore, he is not authorized these awards.

7.  The Air Assault Badge was approved by the Army Chief of Staff approved this badge on 18 January 1978 for wear by individuals who satisfactorily completed the Standard Air Assault Course after 1 April 1974 while assigned to the 101st Airborne Division.  Therefore, based on his period of service, he does not meet the criteria for this award.

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)                                         AR20090014557



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ABCMR Record of Proceedings (cont)                                         AR20090014557



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