IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013187 


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 Air Medal and the Combat Infantryman Badge.

2.  The applicant states the paperwork for these awards was submitted at the time of his reassignment from the 1st Infantry Division to the 9th Infantry Division. He had over nine months in the field with "D 118 1st Inf Div."  He flew over 75 missions and assaults as a part of a reaction force.

3.  The applicant provides copies of six photos.

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 in the Regular Army on 22 January 1968, completed training, and was awarded the military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant). 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information:

	a.  promotion to sergeant, E-5, effective 8 January 1970;

	b.  foreign service in Okinawa from 23 June 1968 through 30 May 1969 and in Vietnam from 27 June 1969 through 22 August 1970

	c.  assignment in Vietnam to:

		(1)  Battery C, 1st Battalion, 7th Artillery Regiment from 7 July 1969 through 17 March 1970;

		(2)  Headquarters Support Battery, 2nd Battalion, 4th Field Artillery Regiment, 3rd Brigade from 18 March 1970 through 26 April 1970;

		(3)  Battery B, 2nd Battalion, 4th Field Artillery Regiment, from 27 April 1970 through 21 August 1970; and 

	d.  his authorized awards are the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal with one oak leaf cluster, Bronze Star Medal with one oak leaf cluster, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The available record contains orders for two Bronze Star Medals (one for meritorious achievement and one for meritorious service) and two Army Commendation Medals (both for meritorious achievement).  The applicant is shown to have been assigned to artillery batteries on all four sets of orders.

5.  The applicant was honorably released from active duty and transferred to the Army Reserve (USAR) Control Group (Annual Training) on 24 August 1970.  His DD Form 214 (Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with one oak leaf cluster, and the Bronze Star Medal with one oak leaf cluster.

6.  The record does not contain any evidence that the applicant was recommended for award of the Air Medal or the Combat Infantryman Badge.

7.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  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; and  

	b.  the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states 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.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated 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.  

9.  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 a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the paperwork for these awards was submitted at the time of his reassignment from the 1st Infantry Division to the 9th Infantry Division. He had over nine months in the field with "D 118 1st Inf Div."  He flew over 75 missions and assaults as a part of a reaction force.

2.  The photographs provided by the applicant are not dated and do not provide any clear indication as to the location of the photo or any unit identification.

3.  The applicant is not shown to have served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, award of the Combat Infantryman Badge is not appropriate.

4.  The applicant is not shown to have met the requirements for award of the Air Medal.

5.  While the available evidence is insufficient for awarding the applicant the Air Medal, this in no way affects his right to pursue his claim for Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20100013187





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ABCMR Record of Proceedings (cont)                                         AR20100013187



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