IN THE CASE OF:	  

		BOARD DATE:	        9 JULY 2009

		DOCKET NUMBER:  AR20090002635 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Medical Badge or the Combat Infantryman Badge, the Army Commendation Medal with "V" Device with First Oak Leaf Cluster, and the Good Conduct Medal. 

2.  The applicant states, in effect, that he was assigned as a rifleman with Company A, 1st Battalion, 327th Infantry, 1st Brigade of the 101st Airborne Division on his first two operations in Vietnam and that he should have received the Combat Infantryman Badge.  He contends that the rest of his time in country he was assigned to Company A as a medic and that this was his military occupational specialty (MOS).  He indicates that he would prefer the Combat Medical Badge over the Combat Infantryman Badge.  He also points out the citation on his Army Commendation Medal with "V" Device clearly shows that he was under fire. 

3.  The applicant provides orders for the Army Commendation Medal with "V" Device, the Good Conduct Medal, and the Army Commendation Medal with First Oak Leaf Cluster; a citation for the Army Commendation Medal with First Oak Leaf Cluster; and a copy of his DD Form 214 in support of his application.  

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 was inducted into the Army of the United States and entered active service on 12 October 1965.  Orders show he was awarded MOS 91A (medical corpsman) and later MOS 91B (medical specialist).  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 3 May 1966 and was assigned to Company A, 1st Battalion, 327th Infantry from 7 May 1966 to 
6 June 1966, and his duty MOS is listed as 11B (rifleman).  His DA Form 20 shows he served in MOS 91A and MOS 91B assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry in Vietnam from 
7 June 1966 to 4 May 1967.  He was honorably released from active duty on 
11 October 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's DD Form 214 shows the Parachutist Badge, the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal as authorized awards. 

4.  There are no orders for the Combat Medal Badge or the Combat Infantryman Badge in the available records.

5.  Headquarters, 1st Brigade, 101st Airborne Division General Orders Number 335, dated 2 March 1967, show the applicant received the Army Commendation Medal with "V" Device for heroism on 10 December 1966 in Vietnam.  These orders show he was assigned to Company A, 1st Battalion, 327th Infantry, 1st Brigade of the 101st Airborne Division.  The citation for this award states, in pertinent part, that "When Specialist [applicant's last name] platoon made contact with a North Vietnamese Army platoon, a squad leader fell critically wounded from the initial burst of fire.  Specialist [applicants' last name], without regard for his own safety, dashed through the intense enemy automatic and small arms fire to render aid." 

6.  Headquarters, 1st Brigade, 101st Airborne Division General Orders Number 704, dated 3 May 1967, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster for meritorious service during the period 3 May 1966 to 2 May 1967. 

7.  Headquarters, 82d Airborne Division General Orders Number 291, dated 
16 October 1967, show the applicant received the first award of the Good Conduct Medal for the period 12 October 1965 through 11 October 1967.

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 1st Battalion, 327th Infantry was awarded the Presidential Unit Citation for actions during the period 2-20 June 1966 based on Department of the Army General Orders Number 59, 1968.  

10.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 327th Infantry was awarded the Meritorious Unit Commendation for actions during the period 29 July 1965 to 1 October 1966 based on Department of the Army General Orders Number 17, dated 1968.

11.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

13.  Army Regulation 600-8-22 provides, in pertinent part, that 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 Regulation 672-1 (Decorations and Awards) provides 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.
14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's orders and citation for award of the Army Commendation Medal with "V" Device for heroism on 10 December 1966 in Vietnam which show he was assigned to Company A, 1st Battalion, 327th Infantry while serving as a medic are accepted as sufficient evidence on which to base award of the Combat Medical Badge.

2.  Although the applicant's DA Form 20 shows he was assigned to an infantry company for 30 days and his duty MOS was 11B, there is no evidence of record which shows he was awarded an infantry MOS.  Orders show he was awarded MOS 91A and MOS 91B.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant's DD Form 214 shows the Army Commendation Medal as an authorized award.  However, orders show he received the Army Commendation Medal with "V" Device and the Army Commendation Medal with First Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device with First Oak Leaf Cluster. 

4.  Orders show the applicant received the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

6.  The applicant's unit (1st Battalion, 327th Infantry) was cited for award of the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show award of the Presidential Unit Citation.

7.  The applicant’s unit (1st Battalion, 327th Infantry) was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  awarding him the Combat Medical Badge; and

	b.  amending his DD Form 214 to add the Combat Medical Badge, the Army Commendation Medal with "V" Device with First Oak Leaf Cluster, the Good Conduct Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.     

2.  The Board further determined that 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 award of the Combat Infantryman Badge.  




      _______ _   XXX_______   ___
               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)                                         AR20090002635





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ABCMR Record of Proceedings (cont)                                         AR20090002635



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