PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 April 2001                   
	DOCKET NUMBER:   AR2000049812

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his military records to show award of the Combat Infantryman Badge, four awards of the Air Medal (correctly known as the Air Medal with Numeral 4), the Crew Chief Flight Wings (correctly known as the Aircraft Crew Member Badge), his two tours in Vietnam and completion of the Airborne Course.

3.  The applicant states, in effect, that he has two DD Forms 214 (Report of Transfer or Discharge) and that certain awards, his two tours in Vietnam and the Airborne Course are not shown.  He also contends that his service number is incorrect on the award certificate for his four awards of the Air Medal.  In support of his application, he submits a copy of an award certificate for the Air Medal (Third Oak Leaf Cluster) and a completion certificate for the Airborne Course.   

4.  The applicant’s military records show that he enlisted on 17 January 1964 for a period of 3 years.  He trained as a field artillery crewman and was honorably discharged on 7 April 1965 for immediate reenlistment.  He reenlisted on 8 April 1965.  The applicant served as a helicopter mechanic in Vietnam from 
10 September 1965 through 7 September 1966 and from 14 February 1968 to
approximately 30 March 1968.  The applicant was honorably released on 5 April 1968 and transferred to the USAR.   

5.  The applicant’s two DD Forms 214, which were authenticated in his own hand, do not show the Combat Infantryman Badge, any awards of the Air Medal or the Aircraft Crew Member Badge as authorized awards.  Item 24c (Foreign and/or Sea Service) on the applicant’s DD Form 214 with an effective date of 
7 April 1965 shows the entry “00 00 00”.  Item 22c (Foreign and or Sea Service) on his DD Form 214 with an effective date of 5 April 1968 shows that he served 
1 month and 14 days in Vietnam.  

6.  Item 25 (Education and Training Completed) on the applicant’s DD Form 214 with an effective date of 5 April 1968 shows the Basic Airborne Course.  Therefore, this portion of the applicant’s request will not be discussed further in these Proceedings.

7.  Headquarters, 1st Brigade 101st Airborne Division, Special Orders Number 254, dated 11 September 1966, show that the applicant was awarded the Combat Infantryman Badge.  However, the applicant’s records do not contain any evidence that he met the qualifications for award of the Combat Infantryman Badge.  There is no evidence that he served in an infantry MOS or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Board also notes that these orders award the Combat Infantryman Badge to personnel who were serving in aviation positions, not infantry positions.  These orders were also published subsequent to the applicant’s departure from Vietnam.     

8.  The applicant provided a copy of an award certificate for the Air Medal (Third Oak Leaf Cluster) which shows the same name as the applicant and a different service number.  However, the applicant’s records do not contain any evidence that he was recommended for or awarded any awards of the Air Medal.  There are no flight records in the applicant’s personnel records and there are no flight hours recorded in any records available to the Board.     

9.  The applicant’s personnel records show that his primary MOS was 67N (helicopter mechanic) from 19 January 1966 to 21 September 1967.

10.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 10 September 1965 through 7 September 1966, a period of 11 months and 28 days.     

11.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 shows that he also served in Vietnam from 14 February 1968 to approximately 30 March 1968.  His DD Form 214 with an effective date of 5 April 1968 shows that he served 1 month and 14 days in Vietnam; therefore, the applicant’s inclusive dates of service in Vietnam during this assignment would be 14 February 1968 to
28 March 1968.        

12.  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 man 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that 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.

14.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that 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.  Nothing created an entitlement to the award. 

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Aircraft Crew Member Badge may be permanently awarded for successful completion of formal AIT in career management field 67 MOS’s.

16.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in items 22c and 24c.  The regulation also states that the amount of foreign service will be taken from the soldier’s Enlisted Qualification Record or, if necessary, verified from the soldier’s Military Personnel Records Jacket.

17.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

18.  Paragraph 1-25 of Army Regulation 600-8-22 provides that awards made by the President, Secretary of Defense and the Secretary of the Army will be announced in Department of the Army General Orders.

19.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.
CONCLUSIONS:

1.  The applicant’s records contain orders for the Combat Infantryman Badge dated 11 September 1966; however, these orders were published after the applicant had been reassigned to the United States.      

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he met the qualifications for award of the Combat Infantryman Badge. There is no evidence that the applicant served in an infantry MOS or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size in Vietnam.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge in September 1966 and there is no basis for award of the Combat Infantryman Badge to him now.  

3.  The applicant provided an award certificate for the Air Medal (Third Oak Leaf Cluster) which shows the same name as the applicant but a different service number.  However, there is no evidence of record that the applicant was recommended for or awarded any awards of the Air Medal and the applicant has provided no orders to support this award certificate.  The governing regulation states that all awards will be announced in orders and the applicant has not provided any orders.  Based on the foregoing, the Board determined that this award certificate is not sufficient as a basis for award of the Air Medal (Third Oak Leaf Cluster).  Therefore, the applicant is not entitled to correction of his military records to show four awards of the Air Medal.      

4.  The applicant’s primary MOS was 67N (helicopter mechanic) from 19 January 1966 to 21 September 1967.  Therefore, the applicant is entitled to correction of his military records to show award of the Aircraft Crew Member Badge.

5.  Evidence of record shows the applicant served his first assignment in Vietnam from 10 September 1965 through 7 September 1966, a period of 11 months and 28 days.  Evidence of record shows he served 1 month and 14 days in Vietnam (14 February 1968 to 28 March 1968) during his second assignment.  Therefore, the applicant is entitled to correction of item 22c (Foreign and or Sea Service) and item 30 (Remarks) on his DD Form 214 with an effective date of 5 April 1968 to show these two periods of foreign service.     

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by showing the entry “Aircraft Crew Member Badge” in item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 with an effective date of 
5 April 1968 of the individual concerned; and

	b.  by deleting the entry “00 01 14” in item 22c (Foreign and or Sea Service) on the DD Form 214 with an effective date of 5 April 1968; and  

	c.  by adding the entry “01 01 12” in item 22c on the DD Form 214; and

	d.  by adding the entries “VIETNAM SERVICE:  10 SEP 65 TO 7 SEP 66” and “VIETNAM SERVICE:  14 FEB 68 TO 28 MAR 68” in item 30 (Remarks) on his DD Form 214 with an effective date of 5 April 1968.    

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

WTM___  TB_____  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Walter T. Morrison__
		        CHAIRPERSON

INDEX

CASE ID	AR2000049812	
SUFFIX		
RECON		
DATE BOARDED	20010403	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680405	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Early out for overseas returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0018	
3.	107.0118	
4.	100.0000	
5.		
6.