IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009918 


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 (Report of Transfer or Discharge) to show award of the Air Medal and the Combat Infantryman Badge.

2.  The applicant states that he was issued the Air Medal and the Combat Infantryman Badge but they were never placed on his DD Form 214.

3.  The applicant provides orders for the Air Medal 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 on 
24 September 1969.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 5 March 1970.  He served in MOS 11B assigned to Company C, 6th Battalion, 31st Infantry in Vietnam from 18 March 1970 through 10 September 1970.  He served in MOS 11B assigned to the 13th Security Detachment in Vietnam from 11 September 1970 through 
28 April 1971.  On 29 April 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. 

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

4.  Headquarters, II Field Force Vietnam General Order Number 2934, dated 
13 July 1970, show the applicant received the Air Medal. 

5.  There are no orders for the Combat Infantryman Badge in the available records.  

6.  Headquarters, II Field Force Vietnam General Order Number 3033, dated 
26 July 1970, show the applicant received the Army Commendation Medal for meritorious achievement during the period 27 March 1970 to 2 June 1970. 

7.  Headquarters, 1st Aviation Brigade General Orders Number 1621, dated 
27 February 1971, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster Medal for meritorious service during the period March 1970 to March 1971.

8.  Records show the applicant participated in three 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 applicant's unit (6th Battalion, 31st Infantry) at the time of his assignment was awarded the Valorous Unit Award for actions during the period 5-12 May 1970 based on Department of the Army General Orders (DAGO) Number 48, dated 1971. 




10.  Department of the Army Pamphlet 672-3 shows the applicant's unit 
(6th Battalion, 31st Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 55, dated 1971.  His unit (13th Security Detachment) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period           1 January 1969 to 30 September 1970 based on DAGO Number 6, dated 1974; and this unit received a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 based on DAGO Number 6, dated 1974.

11.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(6th Battalion, 31st Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 59, dated 1969.  

13.  Army Regulation 600-8-22 (Military Awards) 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 USARV 672-1 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, including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Air Medal.  Therefore, his DD Form 214 should be corrected to show this medal. 

2.  The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam; however, there are no orders for the Combat Infantryman Badge.  In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  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 First Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show this medal.  

4.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit (6th Battalion, 31st Infantry) was cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.  

6.  The applicant's unit (6th Battalion, 31st Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it and his unit (13th Security Detachment) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  deleting the entry "ARMY COMMENDATION MEDAL" in item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 

	b.  adding the Air Medal, the Army Commendation Medal with First Oak Leaf Cluster, the Valorous Unit Award, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 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.  




      _______ _  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)                                         AR20090009918





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ABCMR Record of Proceedings (cont)                                         AR20090009918



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