MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 August 2003                  
	DOCKET NUMBER:   AR2002082145

	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. W. W. Osborn, Jr.  		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		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:  In effect, correction of his military awards to show he was awarded or authorized the Combat Infantryman Badge (CIB), the Air Medal with numeral 11, and the Korean Defense Service Medal (KDSM).  His request for award of the National Defense Service Medal has been administratively accomplished.

APPLICANT STATES:  In effect, that during his 1965 tour in the Republic of Vietnam (RVN), while serving as the interpreter for a Civil Affairs Team, he was involved in a fire fight at a Special Forces A Camp, which he believes entitles him to the CIB.  He also relates that his duties during his 1970-71 tour in Vietnam required that he visit all the batteries in the battalion.  This could only be accomplished by helicopter.  He kept a log of his flight time and had amassed over 500 hours.  His records were turned over to the Personnel Service Company with the assurance that the proper awards would be forthcoming.

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

He enlisted in 1957 and served on continuous active duty.  On 1 June 1978, he retired as a sergeant first class (E-7) with 20 years and 7 days of service.

His final DD Form 214 (Report of Separation from Active Duty) as modified by a 2 January 2001 DD Form 215 (Correction to DD Form 214) shows that his authorized awards consisted of the Bronze Star Medal, the Purple Heart, the Meritorious Service Medal, the Air Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, the Good Conduct Medal 6th Award, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal, the Valorous Unit Award, the Navy Unit Commendation, the Republic of Korea Presidential Unit Citation, the RVN Staff Service Honor Medal 2nd Class, the RVN Gallantry Cross with Palm Unit Citation, the Driver and Mechanic Badge with Driver Bar. 

Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  There are basically three requirements for award of the CIB.  The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  

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.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

The KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, and it has not yet been designed or funded.  The instructions for issuance and wear of this award also have not been completed.  The agency responsible for completing these actions estimates that it could take up to one year before those eligible for this award will begin to receive it.  Once it is ready for issue, the Army will publicize information regarding how to request it and how it will be issued.  Specific instructions will appear on the Internet, in official publications, and in the magazines published by veteran service organizations.  

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

1.  The Board notes the applicant request that his record be corrected to show award of the KDSM.  However, it is unable to act on this request at this time.  The KDSM was just recently approved as part of the Fiscal Year 2003 Defense Authorization Act, and it has not yet been designed or funded.  The responsible agency anticipates it could take up to a year for those who are eligible to begin to receive the award.  The applicant is advised to wait until the Army publicizes instructions regarding how the KDSM should be requested and how it will be issued, before he submits an application to this Board requesting his record be corrected by adding this award.  

2.  By his own description the applicant was not an infantryman attached to an infantry unit of brigade or smaller size.  He was not eligible for award of the CIB.

3.  The USARV regulation clearly stated that the Air Medal was not awarded to aircraft passenger personnel.  Although this provision may not have been strictly applied by commanders who had authority to award the Air Medal, it is the policy of this Board to not recommend subsequent awards of the Air Medal without convincing evidence that such action is appropriate.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ___JEA _  __LMB___  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	 	
DATE BOARDED	20030814 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.