IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140009838 


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 award of the Air Medal and Combat Action Badge.

2.  He states:

	a.  he arrived in Cu Chi on 24 December 1966, was assigned to the1st Battalion, 8th Artillery, 25th Infantry Division, and was attached to the 2nd Battalion, 27th Infantry "Wolfhounds" Regiment as a Radio/Telephone Operator (RTO).

	b.  he went on his first operation, Cedar Fall, on 8 January 1967 that had many tunnels and search and destroy missions.

	c.  he participated in several operations as an RTO, including Operation Junction City, Operation Makalapa, Operation Manhattan and Operation Kalekole.

   d.  he went on many air assaults, and he worked with the 1st Battalion, 27th Infantry Regiment on search and destroy missions.  He was on two choppers that encountered enemy fire and the choppers were hit.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Memorandum, Subject:  Transmittal of Award, dated 31 October 1967
* Award certificate for award of the Bronze Star Medal
* Newspaper articles
* Information from the Dave Hughes Legacy Site
* DD Form 1351-2 (Travel Voucher or Subvoucher)
* General Orders Number 4163, dated 25 October 1967, awarding him the Bronze Star Medal
* Unit Orders Number 43, dated 26 August 1967, promoting him to specialist four/E-4
* Letter addressed to his wife 
* 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.  The applicant was inducted into the Army of the United States on 3 August 1966.

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

	a.  item 22 (military occupational specialties (MOSs)), he was awarded primary MOS 12B (Combat Engineer) on 26 August 1967;

	b.  item 31 (Foreign Service), he served in Vietnam from 19 December 1966 through 15 December 1967;

	c.  item 38 (Record of Assignments), he performed the duties of a Pioneer in duty MOS 12A while assigned to Headquarters Battery, 1st Battalion, 8th Artillery in Vietnam; and

	d.  	item 41 (Awards and Decorations), no entry for award of the Air Medal.


4.  He provided:

	a.  A newspaper article, dated 13 March 1967, reporting on operations of the 1st Battalion, 8th Artillery, 25th Infantry Division and the 2nd Battalion, 27th Infantry Regiment ("Wolfhounds"), during Operation Junction City in Vietnam.  His name is not mentioned in this article.

	b.  An undated newspaper article reporting on military operations of the "Wolfhounds" during Operation Makalapa II in Vietnam.  His name is not mentioned in this article.

	c.  Information from the Dave Hughes Legacy Site showing missions were performed by the "Wolfhounds" in Vietnam including other missions.

	d.  A DD Form 1351-2, showing he traveled to Pleiku and Cu Chi in the Republic of Vietnam.

	e.  General Orders Number 4163, dated 25 October 1967, showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from December 1966 to July 1967 while assigned to Headquarters Battery, 1st Battalion, 8th Artillery, 25th Infantry Division.

	f.  Unit Orders Number 43, dated 26 August 1967, showing he was promoted to specialist four (SP4)/E-4 in MOS 13A1O (Field Artillery, Basic).

	g.  A letter addressed to his wife, written sometime in May 1967, in which he mentioned that he flew to the field in choppers about three or four times, he went on an air assault, and he was on two choppers that were fired upon.

6.  His service record does not contain flight records or orders for award of the Air Medal.

7.  He was honorably released from active duty on 2 August 1968 in the rank/grade of SP4/E-4.  He completed 1 year, 2 months, and 6 days of total active service with no days of time lost.  The DD Form 214 he was issued at the time does not show he was awarded the Air Medal.

8.  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.
9.  Army Regulation 600-8-22 (Military Awards) 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.

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.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he participated in several operations (e.g. Operation Cedar Fall, Operation Junction City, Operation Makalapa, Operation Manhattan and Operation Kalekole) and went on many air assaults while on assignment in  Vietnam.

2.  However, since the applicant's service record is void of flight records and orders authorizing him award of the Air Medal, there is insufficient evidence on which to base correction of his records to show this award.

3.  Therefore, there is no basis for granting the applicant's request for award of the Air Medal.

4.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  The applicant served on active duty from 3 August 1966 through 2 August 1968.  Therefore, he does not meet the minimum eligibility criteria for award of the Combat Action Badge.

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)                                         AR20140009838





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ABCMR Record of Proceedings (cont)                                         AR20140009838



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