ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  22 April 2019

	DOCKET NUMBER:  AR20180005640


APPLICANT REQUESTS:  reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Combat Infantryman Badge and the Air Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Letter from the Lake County Veterans Service Office, dated 16 May 2018
* 2nd Battalion, 60th Infantry, yearbook photos
* 2 Photos of a Soldier uniform he states is him
* Record of Proceedings for Army Board for Correction of Military Records (ABCMR) Docket Number AR20160002661
* DD Form 214 
* DD Form 215 (Correction to DD Form 214)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20160002661 on 7 September 2017.  

2.  The applicant states he was in the 2nd Battalion, 60th Infantry.  He has provided a copy of his yearbook with his picture and photos of him wearing the Combat Infantryman Badge.  Note that he was denied the award in the past because the Board stated they did not have enough information to award it.

3.  On 27 May 1968, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman)

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) – he served in Vietnam from 11 November 1968 through 8 August 1969
* Item 38 (Record of Assignments) – he was assigned to duty in Vietnam in military occupational specialty 11B (Light Weapons Infantryman) with –

* Company B, 2nd Battalion, 60th Infantry, 9th Infantry Division, from 21 November to 5 December 1968 
* Company D, 2nd Battalion, 60th Infantry, 9th Infantry Division, from 6 December 1968 to 2 August 1969  

* Item 41 (Awards and Decorations) – no entry for the Combat Infantryman Badge or Air Medal

5.  On 17 May 1970, he was honorably released from active duty.  His DD Form 214, as amended by a DD Form 215, does not show the Combat Infantryman Badge or Air Medal among his authorized awards.

6.  The available records do not contain orders awarding him the Combat Infantryman Badge or Air Medal.  There are no records documenting his participation in aerial assault missions or other types of missions involving aerial flight.

7.  He provided a letter from the Veterans Service Officer referencing the documents that should be taken into consideration for the requested awards.

* the 2nd Battalion, 60th Infantry, "Recondo Go Devils" yearbook, which includes a photo of applicant
* two photos he states are of him in uniform; he states in one of the photos he is wearing "the medal" (presumably meaning the Combat Infantryman Badge)

8.  Army Regulation 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.

9.  Army Regulation 600-8-22 states the Air Medal is awarded in times 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; such as, personnel in the attack elements of units involved in air-land assaults against an armed enemy.

10.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations.  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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was insufficient evidence to show that the applicant was either previously awarded or was eligible to be awarded the Combat Infantryman Badge or the Air Medal.

Although the applicant provides a photo of an individual wearing these awards, the Board found that these photos were not an authoritative authority showing such awards were ever approved for wear by the applicant.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.




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 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 600-8-22 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 states the Air Medal is awarded in times 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; such as, personnel in the attack elements of units involved in air-land assaults against an armed enemy.

4.  U.S Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal for sustained operations.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status would be submitted on USARV Form 157-R.  The recommendation for award must also have stated that the individual “met the required number of missions and hours for award of the Air Medal”; that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”; and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of nonprofessionalism, mediocrity, or failure to display an aggressive spirit.”  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.


ABCMR Record of Proceedings (cont)	 AR20180005640
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