IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003221 


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 the Army Commendation Medal, Combat Infantryman Badge (CIB), and Air Medal be added to his DD Form 214 (Report of Separation from Active Duty) for the period ending 22 July 1975. 

2.  The applicant states:

* When he entered the military he did not have his Social Security card with him and he was issued a temporary Social Security Number (SSN)
* His award certificate and citation for the Army Commendation Medal shows the temporary SSN but has the correct name
* He believes this is the problem and explains why all of his awards and medals are not listed on his DD Form 214   

3.  The applicant provides:

* Award certificate and citation for the Army Commendation Medal
* DD Form 214 for the period ending 22 July 1975

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.  He enlisted in the Regular Army (RA) on 30 June 1971 for a period of 3 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Hawaii from 13 December 1971 to 27 June 1972.  On 11 July 1972, he was released from active duty for immediate reenlistment.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 11 July 1972 shows the National Defense Service Medal.

4.  He reenlisted in the RA on 12 July 1972 for a period of 3 years.  He arrived in Vietnam on 10 September 1972.  He served in MOS 11B assigned to Company E, 14th Infantry in Vietnam from 14 September 1972 to 10 November 1972.  He was assigned to Troop C, 17th Cavalry in Vietnam from 11 November 1972 to 
31 January 1973.  He was assigned to Headquarters and Headquarters Company, 11th Combat Aviation Group in Vietnam from 1 February 1973 to 
19 February 1973.  On 22 July 1975, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining Reserve obligation.  

5.  Item 24 of his DD Form 214 for the period ending 22 July 1975 shows the:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Orders, dated 25 January 1973, show he received the Army Commendation Medal.

7.  There are no orders for the CIB or Air Medal in the available records.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB or Air Medal.


9.  A 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 the Air Medal pertaining to the applicant.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) states the CIB 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 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the CIB is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, 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.

14.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

15.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight time and adjust it to a common denominator.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Army Commendation Medal.  His DD Form 214 for the period ending 22 July 1975 should be corrected to show this medal.

2.  The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there are no orders for the CIB available.  In addition, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence on which to add the CIB on his DD Form 214 for the period ending 22 July 1975.

3.  There are no orders for the Air Medal in the available records.  Therefore, there is insufficient evidence on which to add the Air Medal on his DD Form 214 for the period ending 22 July 1975.  

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 for the period ending 22 July 1975 should be corrected to show this unit award.
 
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 adding the Army Commendation Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214 for the period ending 
22 July 1975.

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 adding the CIB or Air Medal to his DD Form 214 for the period ending 22 July 1975.  




      ___________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)                                         AR20110003221





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ABCMR Record of Proceedings (cont)                                         AR20110003221



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