IN THE CASE OF:	  

		BOARD DATE:	  4 February 2015

		DOCKET NUMBER:  AR20140011415 


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 the award of the Combat Infantryman Badge and the Air Medal.

2.  The applicant states his records do not indicate he received the Air Medal and he was directly in combat.  He spent many years without looking at his military records and believes it is now time to ensure corrections are made.

3.  The applicant provides a DD Form 214 and a DD Form 215 (Correction of DD Form 214).

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 enlisted in the Regular Army on 28 August 1968.  After completing initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade held was specialist 
four/E-4.  

3.  He served in Vietnam from 21 January 1969 to 20 January 1970.  While in Vietnam, he served in various 11B positions while he was assigned to Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade (Separate) (Light).  

4.  He was honorably released from active duty on 27 August 1970, at the expiration of his term of service.  His DD Form 214, as amended by his DD Form 215, shows he was awarded or authorized:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross Unit Citation with Palm Device
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  There are no orders in the applicant’s military personnel records that show he was awarded 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 United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge or the Air Medal pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards), then in effect, specified the Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who had an infantry MOS.  The Soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat. 

8.  Army Regulation 600-8-22 also specified the Air Medal was awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award was primarily intended for personnel on flying status, but could also be awarded to those personnel whose combat duties required 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 were required.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was assigned to Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade (Separate) (Light), during his period of service in Vietnam.  However, his records are void of evidence, nor does the applicant provide any verifying documentation, showing he satisfactorily performed infantry duties with a qualifying infantry unit when that unit was engaged in active ground combat and that he actively participated in such ground combat.  Therefore, there is insufficient evidence to award him the Combat Infantryman Badge in this case. 

2.  With respect to the Air Medal, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  His service records give no indication he was recommended for or awarded the Air Medal.  In view of the circumstances in this case, there is insufficient evidence to award him the Air Medal or to have it added 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)                                         AR20140011415





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ABCMR Record of Proceedings (cont)                                         AR20140011415



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