IN THE CASE OF:	  

		BOARD DATE:	    8 June 2010

		DOCKET NUMBER:  AR20090021691 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal, Combat Infantryman Badge, and the Basic Jump Wings (correctly known as the Parachutist Badge).

2.  The applicant states he spent 1 year and 2 months in the Republic of Vietnam (RVN) with the 173rd Airborne Brigade and MACV (Military Assistance Command Vietnam).  He adds that his military occupational specialty (MOS) was 11B (Light Weapons Infantryman) and he performed 5 basic jumps while in the RVN.

3.  The applicant provides no additional documents in support of this 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.  On 2 December 1968, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and he was awarded MOS 11B.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 14 June 1969 through 3 September 1970.  Item 38 (Record of Assignments) shows that during his RVN tour of duty, he was assigned to MACV and the 173rd Airborne Brigade, performing duties as an enlisted aide and clerk typist.  Item 41 (Awards and Decorations) does not include the Air Medal, Combat Infantryman Badge, or the Parachutist Badge.

4.  On 4 September 1970, the applicant was released from active duty, in the rank/grade of specialist four (SP4)/E-4, after completing 1 year, 9 months, and
3 days of active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Air Medal, Combat Infantryman Badge, or the Parachutist Badge.

5.  The applicant's service record is void of documents or orders indicating he was recommended for or awarded the Air Medal, Combat Infantryman Badge, or the Parachutist Badge.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 any orders for Air Medal, Combat infantryman Badge, or the Parachutist Badge pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Army Regulation 600-8-22 states 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.
9.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Air Medal, Combat Infantryman Badge, and the Parachutist Badge.

2.  The applicant's record is void of any orders or other documents that indicate he was recommended for or awarded the Air Medal or the Parachutist Badge.

3.  The evidence clearly shows that the applicant was awarded an infantryman MOS.  However, it does not sufficiently show that he ever engaged in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, he fails to meet the regulatory requirements necessary to qualify for award of the Combat Infantryman Badge.

4.  In order to justify a correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20090021691



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ABCMR Record of Proceedings (cont)                                         AR20090021691



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