ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  9 September 2019

	DOCKET NUMBER:  AR20180005272


APPLICANT REQUESTS:  a correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued 22 April 1966 to:

* add the Combat Infantryman Badge
* correct the Air Medals to reflect 13th Oak Leaf Cluster
* add an Air Medal for Valor

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 
* National Personnel Records Center letter
* General Orders Number 4046, dated 21 June 1966

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states due to the number of units and locations he was assigned during his early dates in Vietnam he doesn’t believe all records were posted to the DD Form 214.  He was also told by a Military Assistance Command Vietnam clerk at Hue Vietnam that he had been put in for a Silver Star and was being issued the Air Medal for Valor as an interim award.  

3.  The applicant provides:

	a.  A DD form 214 showing his service from 30 April 1963 to 22 April 1966.

	b.  The National Personnel Records Center, by letter, on April 26, 2004 to the applicant shows they verified his entitlements to the following awards:

* Purple Heart
* Air Medal with numeral 12
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with 3 bronze stars
* Combat Infantryman Badge 1st Award
* Republic of Vietnam Campaign Ribbon w/Device (1960)
* Expert Badge w/Rife Bar

	c.  Headquarters, Army Vietnam, General Order (GO) Number 4046, published 21 June 1966 awarding the applicant the Air Medal (6th Oak Leaf Cluster) with “V” Device.

4.  A review of the applicant’s service records shows:

	a.  He enlisted in the Regular Army on 30 April 1963.  He held military occupational specialty 11B (Light Weapons Infantryman).

	b.  He served in Vietnam from on or around 23 February 1965 to on or around 16 April 1966.  He was assigned to Headquarters and Headquarters Detachment, 14th Aviation Battalion, I Corps.  He was wounded while in Vietnam on 27 February 1966.

	c.  GO Number 4046, issued by Headquarters, U.S. Army Vietnam on 21 June 1966, awarded him the Air Medal (6th Oak Leaf Cluster) for heroism on 28 February 1966.  The citation reads: 

For heroism while engaged in aerial flight in connection with military operations against a hostile force.  [Applicant] distinguished himself by exceptionally valorous actions while serving as a crew member of an aircraft on a medical evacuation operation of Vietnamese soldiers in the Republic of Vietnam.  A Vietnamese unit was engaged in heavy contact with units of the Viet Cong.  More than 20 casualties were sustained by the friendly troops.  During the early evening hours, a request for evacuation of the casualties was given to [Applicant].  As the helicopter approached the landing zone, it received intense hostile fire.  [Applicant] immediately returned the fire, forcing the insurgents to evacuate their positions and leaver one dead behind.  The effective fire from [Applicant] contributed immeasurably to the successful evacuation. ·While in the landing zone, [Applicant] exposed himself to sporadic fire as he assisted in sorting and loading the wounded.  Although he was wounded on the last flight into the landing zone, he did not divulge this fact until the completion of the mission. 

	d.  His record is void of Special Orders awarding him the Combat Infantryman Badge or orders awarding him the Air Medal (13th Oak leaf Cluster).

	e.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal a 13th award of the Air Medal and/or the Combat Infantryman Badge.

	f.  On 22 April 1966, he was honorably released from active duty.  His DD Form 214 shows he served 2 years, 11 months, and 23 days of active service this period.  It also shows he was awarded or authorized:

* Air Medal w/2 Oak Leaf Clusters
* Armed Forces Expeditionary Medal
* Purple Heart
* Vietnam Service Medal

5.  By regulation (AR 600-8-22), the Combat Infantryman Badge is awarded to infantry Soldiers who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant held an infantry specialty; however, he was assigned to an aviation unit in Vietnam.  

6.  By regulation (AR 600-8-22), award of the Air Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant's service record contains General Orders awarding him six awards of the Air Medal, one of which is with a V Device.  There are no orders awarding him the Air Medal (13th Oak Leaf Cluster).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found some relief was warranted.  The applicant’s contentions were carefully considered.  Evidence of record shows he has the Air Medal (13th Award) (GO# 2950, dated 14 may 1968) with “V” device; however, it was not listed on his DD Form 214.  The Board agreed he did not meet regulatory guidance to receive the CIB as he was not assigned to an infantry unit.

Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 22 April 1966 by:

     a.  deleting the Air Medal (3rd Award), and the Vietnam Service Medal

     b.  adding the following:

* Air Medal (13th Award) with “V” device
* Vietnam Service Medal with 3 bronze service stars 
* add Republic of Vietnam Campaign Ribbon w/Device (1960) 
* add Expert Marksmanship Qualification Badge w/Rifle Bar

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the Combat Infantryman Badge.

	 
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.




ADMINISTRATIVE NOTE(S):

A review of the applicant’s service record shows his DD Form 214 omitted certain awards and decorations.  As a result, amend his DD Form 214 as follows: 

* add Vietnam Service Medal with 3 bronze service stars 
* add Republic of Vietnam Campaign Ribbon w/Device (1960) 
* add Expert Marksmanship Qualification Badge w/Rifle Bar

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation R 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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.

3.  Army Regulation 600-8-22 (Military Awards) states 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.

4.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  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 considered only a departure point.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180005272


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