BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090010973 


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 that his records be corrected to reflect two awards of the Army Commendation Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, he is authorized the above awards for service against a hostile force between July 1969 and July 1970.

3.  The applicant provides copies of orders awarding him an Army Commendation Medal for the period July 1969 to July 1970 and for 1 January 1970 to 30 April 1970.

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 available records indicate the applicant was inducted into the Army of the United States and entered active duty on 9 January 1969.  Following successful completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  In July 1969, he was assigned to Company B, 5th Battalion, 46th Infantry, Vietnam.

3.  On 25 June 1970 the applicant was awarded an Army Commendation Medal for meritorious achievement for the period 1 January 1970 to 30 April 1970.  On 
4 July 1970 he was awarded an Army Commendation Medal for meritorious service between July 1969 and July 1970.  Orders confirming the awards were issued by Headquarters, Americal Division and are contained in his Official Military Personnel File (OMPF).

4.  In July 1970 the applicant departed Vietnam and was ultimately assigned to Fort Riley, Kansas.  On 1 April 1971 he was released from active duty with an honorable characterization of service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects the following:

	National Defense Service Medal
	Vietnam Service Medal
	Vietnam Campaign Medal with 1960 Device
	two overseas service bars
	Expert Marksmanship Qualification Badge M-14 Rifle 
   Qualification Machine Gun M-60

6.  There is no indication in the applicant’s OMPF that he was ever awarded the Combat Infantryman Badge.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.

7.  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 U.S. Army Republic of Vietnam (USARV) Regulation 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.

8.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.  Appendix B notes the applicant would have participated in four designated campaigns while in Vietnam (Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant held an infantry specialty and served in an infantry unit while stationed in the Republic of Vietnam, in the absence of evidence confirming the applicant participated in active ground combat with his infantry unit or orders awarding him the Combat Infantryman Badge, there is no basis for correcting his record to reflect this award.  His awards of the Army Commendation Medal reflect his performance in a combat theater but do not speak directly of any active ground combat encounters.

2.  The evidence does confirm the applicant was awarded two Army Commendation Medals which were omitted from his 1971 DD Form 214.  

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze services star to be affixed to the already-awarded Vietnam Service Medal.

4.  The applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.



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 Vietnam Service Medal from his DD Form 214; and
   
   b.  adding to his DD Form 214 the Army Commendation Medal (2nd award), the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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)                                         AR20090010973



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ABCMR Record of Proceedings (cont)                                         AR20090010973



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