IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002504
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 Combat Infantryman Badge and Air Medal for 150 flight missions he flew in Vietnam.
2. He states:
* these awards are not listed his DD Form 214
* he wasn't given these awards because of an error made by a Vietnam clerk that occurred 40 years ago
* his military occupational specialty (MOS) was 11B (Light Weapons Infantryman)
* he was released from Vietnam on a compassionate reassignment because his father was dying of lung cancer
3. He provides no additional documents.
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 applicants 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 applicants 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 7 July 1969. He completed training and he was awarded MOS 11B.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in Vietnam from 5 January 1970 through 12 February 1971
* item 38 (Record of Assignments) he performed duties as a Light Weapons Infantryman and Automatic Rifleman in duty MOS 11B
* item 38 he was assigned to the 62nd Infantry Regiment and Companies C and B, 2nd Battalion, 7th Cavalry of the 1st Cavalry Division
* item 41 (Awards and Decorations) no entry for the Combat Infantryman Badge or the Air Medal
4. His service record does not contain any flight records or orders showing he was awarded the Combat Infantryman Badge or the Air Medal.
5. He was honorably released from active duty on 17 August 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 doesn't show he was awarded or authorized the Combat Infantryman Badge or the Air Medal.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for award of the Combat Infantryman Badge or Air Medal pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. Army Regulation 600-8-22 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded MOS 11B and he served in this MOS performing infantry duties while assigned to the 62nd Infantry Regiment and Companies C and B of the 2nd Battalion, 7th Cavalry, 1st Cavalry Division.
2. Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.
3. The applicant's service record does not contain sufficient evidence that shows he was engaged in active ground combat with the enemy while assigned to his infantry unit in Vietnam. Therefore, there is insufficient evidence to show he met all of the requirements for award of the Combat Infantryman Badge.
4. The applicant's service record does not contain any flight records or orders for award of the Air Medal.
5. In the absence of sufficient evidence, there is no basis for granting him award of the Air Medal.
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) AR20120002504
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