IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150003399 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, in effect, award of the Air Medal, the Combat Infantryman Badge, and the Army Commendation Medal. 2. The applicant states: a. In 1974 when he was with B Company, 75th Rangers, he "bumped" into a warrant officer at McChord Air Force Base who asked if he had received his decorations because the majority of the records got lost during the stand down of the division. b. The warrant officer told him (the applicant) he had the Air Medal, the Army Commendation Medal, and something else. c. He was told to try and "get ahold" of his old captain but he was unable to locate him for reconstruction of his awards. d. During his military career he held an 11B2O (light weapons infantryman) military occupational specialty (MOS) without receiving an official award of the Combat Infantryman Badge or any of his other awards. e. He would like to get his awards because he earned them. 3. The applicant provides: * Chronology of his Vietnam combat experience * Page 4 of his DA Form 20 (Enlisted Qualification Record) * Special Orders Number 128, dated 2 July 1974 * Letter Orders Number 12-197, dated 17 December 1974 * Report of Medical Examination, dated 17 December 1974 * Pages from Army Regulation 600-8-22 (Military Awards) * Numerous photographs * Four pages from the 101st Airborne Division (Airmobile) Final Report * Wikipedia and other website searches Vietnam events, units, decorations, locations, and Soldier's profiles * Special Orders Number 95, dated 15 May 1974 * List of other Rigger Units in Vietnam * Information from U.S. Army Transportation Museum website * Information from the U.S. Army History website 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 (RA) on 14 August 1970. He completed training as a supplyman and was awarded MOS 76A1O. 3. After completing 11 months and 12 days of net active service this period, he was honorably discharged on 29 July 1971 for the purpose of immediate reenlistment. 4. The applicant reenlisted in the RA on 30 July 1971. He arrived in Vietnam on 22 September 1971 and he was assigned to Company B, 426th Supply and Service Battalion – Airmobile (Rigger Team) performing duties of a rifleman (MOS 11B2O). He was assigned to the 426th Supply and Service Provisional, 101st Airborne Division on 7 January 1972. 5. On 1 March 1972, the applicant was assigned to the U.S. Army Depot – Long Binh performing duties of a supply specialist (MOS 76Y2O). 6. The applicant departed Vietnam en-route to the United States on 19 April 1972. He was awarded MOS 11B4O on 27 March 1974. He was honorably discharged on 2 July 1974 for the convenience of the Government. His DD Form 214 (Report of Separation from Active Duty) shows the following awards: * National Defense Service Medal * Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge(Rifle Bar ( M-16) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) 7. On 3 July 1974, the applicant reenlisted in the RA. He arrived in Korea on 9 February 1976. He departed Korea en-route to the United States on 8 March 1977. He was honorably discharged on 9 June 1976 due to hardship. The DD Form 214 he received shows the following awards: * National Defense Service Medal * Good Conduct Medal * One Overseas Service Bar * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Parachutist Badge * Meritorious Unit Citation * Vietnam Service Medal with three bronze service stars 8. A review of the applicant's official military records fails to show that he ever served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. His official military records also fails to show that orders were ever published awarding him the Air Medal or the Army Commendation Medal. 9. On 8 July 2010, the applicant was notified by the U.S. Army Human Resources Command, Chief, Awards and Decorations Branch that based on a review of his records, he was not eligible for award of the Combat Infantryman Badge or the Combat Action Badge. However, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) amending his DD Form 214 dated 9 June 1976 to add the Korea Defense Service Medal. 10. The applicant provides numerous photographs of himself and others that he contends were taken while he was serving in Vietnam. He provides pages from Army Regulation 600-8-22 describing the criteria for award of the Combat Infantryman Badge, the Bronze Star Medal, the Air Medal, the Army Commendation Medal, and the Korea Defense Service Medal. He provides a 101st Airborne Division (Airmobile) Final Report describing the airmobile operations in support of Operation Lamson 719 during the period 8 February through 6 April 1971. This report states that the Commanding Officer, 426th Supply and Service Battalion was involved in the initial logistic planning of the operation. He provides information from several websites pertaining to events that happened in Vietnam, infantry history, and decorations. The applicant also provides information from websites pertaining to other individuals. 11. Army Regulation 600-8-22 (Military Awards) states: a. The Combat Infantryman Badge 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. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. - b. 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. c. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. The applicant clearly served in Vietnam. However, there is no evidence in the available record that shows he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Although he did perform duties as a rifleman while he was in Vietnam, he was not awarded an infantry MOS until 27 March 1974, which was after he departed Vietnam. He does not meet the criteria for award of the Combat Infantryman Badge. 3. The 101st Airborne Division (Airmobile) Final Report describing the airmobile operations in support of Operation Lamson 719 was during the period 8 February through 6 April 1971. The applicant did not arrive in Vietnam until 22 September 1971. 4. Providing information from different websites pertaining to other individuals is an insufficient justification for granting relief in this case. According to the applicable regulation, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. There is no evidence in his official military record that shows orders were published awarding him the Air Medal or the Army Commendation Medal. He is not authorized either of these awards. 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) AR20150003399 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003399 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1