MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 December 2002                   
	DOCKET NUMBER:   AR2002075102

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

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane collins		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be awarded the Combat Infantryman Badge (CIB) and the Air Medal (AM).

APPLICANT STATES:  That he has a picture of himself wearing the CIB, which proves he was awarded that badge.  As for the AM, at least two helicopters assigned to his unit were shot down while he was in Vietnam.

In support of his request, the applicant provides a picture of a soldier wearing the CIB.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted and entered on active duty on 5 June 1968.  He was awarded the military occupational specialty (MOS) of infantryman and was promoted to pay grade E-5.

He served in Vietnam as a rifleman assigned to an infantry company from 24 November 1968 to 27 March 1969.

He was then transferred to Hawaii where he served from 28 March 1969 to 29 May 1970.

He was honorably released from active duty on 29 May 1970 due to his having insufficient time remaining on his induction to warrant reassigning him after his return from overseas.  His separation document shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Good Conduct Medal.

Army Regulation 600-8-22 provides that the AM is awarded in time of war for heroism, for meritorious achievement (single acts of a lesser degree than which required for the Distinguished Flying Cross) and for meritorious service (sustained distinction in the performance of duties).  In this regard, accumulation of a specified number of hours and missions will not serve as the basis for award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.   

U.S Army Vietnam (USARV) Regulation 672-1 provided guidelines for award of the AM.  It defined the departure point for the award of the AM 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 has accrued 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).  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.  

Army Regulation 600-8-22 also provides that 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.  

Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that the applicant served in Vietnam during Counteroffensive, Phase VI, starting on 2 November 1968, and Tet 69 Counteroffensive, starting on 23 February 1969.  That Pamphlet also provides that all Army units serving in Vietnam between 20 July 1965 and 28 March 1973 are authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant held an infantry MOS and was assigned as a rifleman to an infantry company, he has not submitted any documentation to show, and there is no evidence of record to support, that he served in active ground combat. Without such documentation or evidence, there is no basis on which to award him the CIB.

2.  As for the AM, again the applicant has not submitted any documentation to show, and there is no evidence of record to support, that he participated in air assaults.  Even if there was such evidence, there is no indication that he flew the prerequisite number of missions to qualify for the AM.

3.  However, the applicant is entitled to two bronze service stars to his Vietnam Service Medal.

4.  In addition, he is also entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

5.  The addition of the applicant's missing awards is administrative in nature and does not require the authority of the Board to correct.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to amend the applicant's separation document to add two bronze service stars to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jea___  ___cc ___  ____fne _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075102	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021203	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.