IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009976 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009976 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009976 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: a. secondary military occupational specialty (MOS) 11B (light weapons infantryman) and b. award of the Combat Infantryman Badge (CIB) and Air Medal. 2. The applicant states: * his secondary MOS is not listed on his DD Form 214 * he went into the special forces in MOS 11B * while serving in Vietnam he flew four or five missions frequently for 2 months with the 3d Squadron, 17th Air Cavalry * in May he flew in support of the Cambodia offensive * he was stationed in Vietnam from January to July * he was wounded on 2 June and removed from combat * he was with the 5th Special Forces Group and traveled all over Vietnam 3. The applicant provides no additional evidence. 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 30 August 1967 for a period of 3 years. He completed training and was awarded primary MOS (PMOS) 11B effective 2 February 1968. 3. Headquarters, U S. Army Special Forces Training Group, Special Orders Number 204, dated 10 October 1968, awarded him PMOS 05B (radio operator) and secondary MOS 11B. PMOS 11B was withdrawn. 4. He served in Vietnam from 3 January 1970 to 17 June 1970. 5. His DA Form 20 (Enlisted Qualification Record) shows he served in duty MOS 11B while assigned to Troop A, 3d Squadron, 17th Cavalry Regiment, in Vietnam from 17 April 1970 until he was hospitalized on 7 June 1970. 6. A casualty report shows he sustained shrapnel wounds to his right thigh on 2 June 1970 when he was destroying bunkers with fragmentation grenades in Cambodia. His wounds were received from his own grenade. 7. On 3 August 1970, he was honorably released from active duty. 8. Item 23a (Specialty Number and Title) of his DD Form 214 shows PMOS 05B. 9. His DD Form 214 does not show the CIB or Air Medal as authorized awards. 10. There are no orders for the CIB or Air Medal in the available records 11. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB or Air Medal. 12. The applicant's available records do not contain any flight records. REFERENCES: 1. Army Regulation 600-8-22 states 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. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) also provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 3. U.S. Army Vietnam Regulation 672-1 provided guidelines for award of the Air Medal during the period in question. It stated 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 only a departure point. a. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes that made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions for item 23a stated to enter the PMOS code number and title. DISCUSSION: 1. The evidence of record shows the applicant's PMOS was changed to 05B effective 10 October 1968. The governing regulation in effect at the time stated the PMOS would be entered in item 23a of the DD Form 214. Item 23a of his DD Form 214 properly shows his PMOS as 05B at the time of his release from active duty. 2. His request to add award of the CIB to his DD Form 214 was carefully considered. Although he held duty MOS 11B and was assigned to Troop A, 3d Squadron, 17th Cavalry Regiment, in Vietnam from 17 April 1970 until he was wounded by his own grenade in June 1970, there is no evidence showing he was assigned to this unit during such time as the unit was engaged in active ground combat and that he actively participated in such ground combat. Based on the available evidence, he does not meet the eligibility criteria for award of the CIB. 3. There is no evidence of record and the applicant provided no evidence showing he met the criteria for award of the Air Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009976 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2