BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120007033 


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 Air Medal and Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states: 

* He was awarded the Air Medal
* He cannot locate his CIB orders
* He cannot explain the situation

3.  The applicant provides:

* Army Board for Correction of Military Records Record of Proceedings, dated 11 October 2011
* Award certificate and citation for the Air Medal
* Republic of Vietnam Certificate of Service
* Letter of Commendation
* Photographs of Soldiers and military awards/ribbons
* Various forms of identification
* Map of Vietnam
* U.S. Army Reserve (USAR) discharge orders
* Article titled "F Troop Cleans Antenna Valley"
* Agent Orange worksheet 


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 was inducted into the Army of the United States on 20 February 1968.  On 27 February 1968, he was honorably discharged for enlistment in the Regular Army (RA).  He enlisted in the RA on 28 February 1968 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 05B (radio operator).  He served in MOS 05B assigned to Troop F, 17th Cavalry of the 196th Infantry Brigade in Vietnam from 12 April 1969 to 14 March 1970.  On 
21 April 1970, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* two Overseas Service Bars

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

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

6.  There are no flight records in the available records.




7.  A 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 any orders for the Air Medal pertaining to the applicant.

8.  He provided an award certificate and citation for the Air Medal during the period August 1969 to February 1970.

9.  A DD Form 215 (Correction to DD Form 214), dated 14 February 2012, amended his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Purple Heart (wounded in action on 12 September 1969)
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar 

10.  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.  However, the regulation was clear that these guidelines were considered only a departure point.  

11.  Combat missions were divided into three categories.

	a.  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.

	b.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.



	c.  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.

12.  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.

13.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the CIB.  Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the CIB.  The regulation authorized award of the CIB to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he earned the Air Medal and he provided an award certificate and citation for the medal.  However, there are no orders for the Air Medal in the available records.  In the absence of orders for the Air Medal or any other official corroborating evidence, the documentation provided by the applicant alone is insufficient as a basis for adding the Air Medal to his DD Form 214.

2.  He contends he received the CIB but cannot locate his orders.  However, there are no orders for the CIB in the available records.  The governing regulation authorized award of the CIB to radio operators in advisor positions provided their primary duty was to accompany infantry or infantry-type units on tactical operations.  Since there is no evidence he served in an advisor position as a radio operator in Vietnam, there is insufficient evidence on which to add the CIB to his DD Form 214.









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)                                         AR20120007033





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ABCMR Record of Proceedings (cont)                                         AR20120007033



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