IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130002760 


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:

	a.  award of the Combat Infantryman Badge (CIB) and "Wings" (correctly known as the Aircraft Crew Member Badge during the Vietnam era and currently known as the Aviation Badge); and  

	b.  the issuance of the Republic of Vietnam Campaign Medal and Vietnam Service Medal.

2.  The applicant states:

* when he was discharged he did not receive his CIB
* his military occupational specialty (MOS) was 11B (light weapons infantryman)
* his time in Vietnam was spent as a door gunner
* he was never given his "Wings"
* he was never issued the Republic of Vietnam Campaign Medal and Vietnam Service Medal, but he did receive the Purple Heart
  
3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).




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 
9 September 1966.  He was awarded MOS 11B.  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he served in duty MOS 11B and his principal duty was security guard while assigned to the 129th Aviation Company, 10th Combat Aviation Battalion in Vietnam from 23 February 1967 to 10 December 1967
* he served in duty MOS 11B and his principal duty was security guard while assigned to Headquarters and Headquarters Company (HHC), 1st Aviation Brigade in Vietnam from 11 December 1967 to 17 February 1968

4.  On 6 September 1968, he was honorably released from active duty.

5.  His DD Form 214 does not show the CIB or Aircraft Crew Member Badge as authorized awards.

6.  There are no orders for the CIB or Aircraft Crew Member Badge in the available records.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CIB or Aircraft Crew Member Badge.

8.  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.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and 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 officers, enlisted personnel, and warrant officers who held 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.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for temporary and permanent award of the Aircraft Crew Member Badge.  Commanders of any unit with Army aircraft assigned could publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge.  To be eligible for temporary award of the Aircraft Crew Member Badge an individual had to be on flying status in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors.  Individuals were also required to be qualified based on a Class III physical examination and to hold a principal duty assignment as a crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector.  These personnel were authorized to wear the badge temporarily until relieved from those duties or they could be authorized permanent wear of the Aircraft Crew Member Badge once they fulfilled the regulatory requirements for permanent award of the badge.  

11.  For permanent award of the Aircraft Crew Member Badge, an individual must have performed in one of the duties specified above for not less than 
12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  Personnel who were precluded by incapacitation from further flight duty due to wounds sustained as a result of hostile action or injuries resulting from an aircraft accident for which they were not personally responsible were entitled to permanent wear of the Aircraft Crew Member Badge.  Further, an individual who participated in at least 15 combat missions under probable exposure to enemy fire while serving in the principal duty of crew chief, flight engineer, aircraft maintenance supervisor, observer, gunner, or technical inspector was entitled to permanent award of the Aircraft Crew Member Badge.

12.  Army Regulation 600-8-22 provides that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation for award of the CIB clearly establishes that the CIB may be 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.

2.  The evidence shows the applicant held MOS 11B and served as a security guard while assigned to the 129th Aviation Company, 10th Combat Aviation Battalion, and HHC, 1st Aviation Brigade, during his assignment in Vietnam.

3.  There is no evidence of record which shows he served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size.  As a result, there is insufficient evidence on which to base award of the CIB.

4.  The evidence shows he was not school-trained in the career management field 67.  Therefore, there is insufficient evidence on which to base award of the Aviation Badge.

5.  His request for the issuance of the Republic of Vietnam Campaign Medal and Vietnam Service Medal was noted.  However, service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.

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)                                         AR20130002760



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ABCMR Record of Proceedings (cont)                                         AR20130002760



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