BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120008481 


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 his primary military occupational specialty (PMOS) be changed from 71B (Clerk-Typist) back to 11B (Light Weapons Infantryman).  He also requests he be awarded the:

* Soldier's Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

2.  The applicant states he served with Company E, 1st Battalion, 502nd Infantry (Reconnaissance (RECON)) as an infantryman from October 1970 to March 1971.  He believes it was unjust not to allow him to retain his PMOS of 11B and show 71B as his secondary MOS.  He spent 2 years in MOS 11B and feels it is unjust for people to think he was a clerk typist during his entire military service.

3.  He believes that because he was medically evacuated from Vietnam in March 1971 his records were never updated or that orders for awards were never put into his files.

	a.  He has tried to receive his awards with the help of two different Congressmen, but he has been denied because of certain records that he can't find or that don't exist.  He can find no flight records that were used to award the Air Medal after a certain number of months in country.  
	b.  He states he was put in for an Army Commendation Medal for saving a fellow RECON member during a river crossing.  He believes he should have been awarded the Bronze Star Medal based on the RECON's actions on 
30 December 1970 when the 3rd Platoon, Company D, 1st Battalion, 502nd Infantry was being hit by an enemy force.  RECON teams 1 and 3 made a combat assault on this hill to try and silence the enemy.

	c.  He states a letter from Colonel (COL) T________ who can best explain how and why these awards were not included in his records.  

4.  The applicant provides:

* DA Form 305-4 (Personnel Qualification Roster), as of 31 December 1970
* orders, dated 21 September 1971, reassigning him to Fort Riley, KS
* orders promoting him to sergeant (SGT)/pay grade E-5
* orders laterally appointing him to specialist five/pay grade E-5
* Headquarters, 101st Airborne Division (Airmobile) General Orders Number 1716, 26 February 1971
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 October 1972
* eight supporting statements
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log) for the 2nd Brigade for the period 0001 hours, 30 December to 2400 hours, 
   30 December 1970
* a Summary of Enemy Activity for 2nd Brigade, 101st Airborne Division (Airmobile) for 29-30 December 1970
* Congressional correspondence, dated 27 May 2011, to the applicant from his Congressional representative
* a biography from online Wikipedia for Sergeant First Class B______
* two photographs

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 was inducted into the Army of the United States on 20 January 1970.  He enlisted in the Regular Army on 26 January 1970 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded MOS 11B on 12 June 1970.

3.  On 12 October 1970, he was assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 502nd Infantry in the Republic of Vietnam.  The DA Form 305-4 he provided shows he was assigned to Company E as of 
31 December 1970.  He was assigned to the 257th Replacement Detachment, Okinawa on 5 February 1971 and to the 36th Ordnance Company in Korea on 
22 March 1971.

4.  On 1 July 1972, he was promoted to SGT in MOS 71B.

5.  On 17 August 1972, he requested his PMOS be changed from 11B to 71B.  He stated he had been performing duties in MOS 71B since January 1972.

6.  His PMOS was changed to 71B effective 23 August 1972 and MOS 11B was withdrawn.

7.  Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned the following MOSs:

Code
Title
Date
11B
Light Weapons Infantryman
12 June 1970
71B
Clerk-Typist
23 August 1972
8.  There are no recommendations or orders in his Military Personnel Records Jacket (MPRJ) for the following awards:

* Soldier's Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

9.  On 25 October 1972, he was released from active duty.  He completed a total of 2 years, 9 months, and 6 days of active service that was characterized as honorable.  Item 23a (Specialty Number & Title) of his DD Form 214 shows his MOS as 71B and that it was assigned on 23 August “1971.”  His DD Form 214 does not show the following awards:

* Soldier's Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

10.  A letter, dated 4 March 2010, from the U.S. Army Human Resources Command (HRC) to his Congressional representative denied the awards of the Army Commendation Medal, the Air Medal, and the Combat Infantryman Badge.  HRC provided information as to the requirements that had to be met and evidence needed for each award.

11.  He provided General Orders Number 1716, dated 26 February 1971, that lists members of his unit, including three individuals who submitted supporting statements, who were awarded the Air Medal and indicates the dates of service as 1 August 1970 to 20 January 1971.

12.  He provided a letter, dated 12 March 2011, and an email dated 
23 December 2010 from COL T________, Retired.  COL T________ stated the RECON Platoon spent most of the time deployed in the field and he had very little personal contact with the members of the platoon and he did not have specific memories of most of them.  He did have memories of and had the utmost confidence in the platoon leadership, specifically two of the Team Leaders, Staff Sergeant (SSG) V_____ and SGT K_________.  He does not specifically remember the applicant, but he does have very vivid memories of the moral integrity and honesty of SSG V______ and SGT K_________ and if they remember the applicant as having served in RECON Platoon then he is convinced that he did, in fact, serve.

13.  He provided an undated letter and an email, dated 13 October 2009, from Chief Warrant Officer Two (CW2) V_____ (then a SSG), Retired.  CW2 V_____ stated the applicant was a member of the RECON Platoon, Company E, 
1st Battalion (Airmobile), 502nd Infantry.  He recommended the applicant for an impact award of the Army Commendation Medal for his actions during a river crossing when he saved the life of a fellow platoon member who was washed away from the rope bridge they were using.  He did not think the action merited an award of the Soldier's Medal.  He states the applicant satisfied the criteria for the award of the Air Medal, the Army Commendation Medal, and the Combat Infantryman Badge.

14.  He provided an undated letter and an email, dated 19 August 2010, from then SGT K_________.  SGT K_________ stated he was Team 3 Leader of 
E Company RECON, 1st Battalion (Airmobile), 502nd Infantry.  The applicant served with him as a full combat member from 14 October 1970 through 
11 March 1971 and during this period participated in many aerial combat assaults and subsequent ground combat actions in the Thua Thien province of Vietnam.  He described the events of 30 December 1970 when his unit combat assaulted a ridge line where the enemy had been firing mortars.  He had a real bad feeling about moving up the trail, signs were everywhere.  However, no contact was made; he guessed they ran the enemy off the hill because the choppers were allowed to get in to extract Bravo Company.  

15.  He provided a statement from Mr. C___ who verified he served with the applicant in E Company RECON, 1st Battalion (Airmobile), 502nd Infantry from October 1970 through January 1971.  He attests to the fact that the applicant went on combat patrol missions with RECON teams.

16.  He provided an undated letter from Pastor C_____ who confirmed he served in Vietnam from 9 April 1970 to 17 March 1971.  He stated he was in 
E Company, RECON, 1st Battalion (Airmobile), 502nd Infantry with the applicant.

17.  The DA Form 1594 for 30 December 1970 shows the following entries for the 1st Battalion, 502nd Infantry:

* 1235 hours - D Company, 3rd Battalion received 4 RPG (rocket propelled grenade) rounds from 800 meters to the northwest.  Number of enemy unknown.  Artillery being employed.
* 1400 hours -  Request for RECON 1-3-2 for air move as reaction to contact by D Company, 3rd Battalion and command post.
* 1518 hours - at 1443H RECON 1-1 lifted off

18.  The Summary of Enemy Activity he provided gave a summary of action for 30 December 1971 for D Company, 3rd Battalion, 502nd Infantry.  A UH-1H helicopter landing in support of the unit received four 60mm mortar rounds from 800 meters northwest of their location.  Artillery was employed and a Pink Team observed 2 trails, 1 1/2 feet wide and 3 feet wide.  The trails showed signs of activity within the last 24 hours.  

19.  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 awarding him the:

* Soldier's Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

20.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS 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.

21.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided, guidelines for award of the Air Medal.  

	a.  The departure point for the award of the Air Medal was based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and accrual of a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).  

	b.  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline and the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

	c.  Appendix IV, required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

22.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

23.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  

	a.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

	b.  The regulation in effect at the time stated the PMOS code number, title, and date of award would be entered in item 23a of the individual's DD Form 214.

24.  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.

25.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  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.  He requested his PMOS be changed to 71B on 17 August 1972 and it was changed on 23 August 1972.  Therefore, MOS 71B in item 23a of his 
DD Form 214 is correct.  There is no error or injustice.

2.  The applicant may use this Record of Proceedings and he will be provided a copy of his DA Form 20 to use to show his service in MOS 11B.

3.  The DA Form 1594 and the Summary of Enemy Activity do not indicate engagement with the enemy by his unit on 30 December 1970.  The Summary indicated two trails were observed.  In his description of events that day, SGT 


K_________ stated when they arrived at the location where the enemy had been firing from, no contact with the enemy was made.  

4.  CW2 V_____ stated the applicant met the criteria for the award of the Combat Infantryman Badge and Mr. C___ stated he went on combat patrol mission with RECON teams.  However, there is no substantive evidence submitted to corroborate their statements.

5.  In the absence of substantive evidence to show he served in active ground combat, there is an insufficient basis to award the Combat Infantryman Badge in this case.

6.  The orders he provided for the award of the Air Medal for members of his unit covers the period 1 August 1970 to 20 January 1971.  However, he didn't arrive in Vietnam until 12 October 1970.  Therefore, it is reasonable to conclude he may not have met the requirements for the award of the Air Medal during the same period.  Although CW2 V_____ stated he met the requirements for the Air Medal, he did not provide any substantive evidence to corroborate his statement.  There is no evidence or official documentation showing he met the requirements for the award of the Air Medal.  There are no orders in his MPRJ showing he was awarded the Air Medal.  Therefore, there is insufficient evidence to award the Air Medal.

7.  CW2 V_____ stated he recommended the applicant for an impact award of the Army Commendation Medal.  However, there is no record of this recommendation or its approval in his MPRJ.  

8.  Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.  There are no recommendations or orders in his MPRJ for the awards he is requesting.  Therefore, there is an insufficient basis to award the: 

* Soldier's Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal

9.  While the available evidence is insufficient for awarding the applicant the following awards this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130:

* Soldier's Medal
* Bronze Star Medal
* Air Medal
* Army Commendation 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)                                         AR20120008481



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ABCMR Record of Proceedings (cont)                                         AR20120008481



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