IN THE CASE OF:	  

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090014762 


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 award of the Combat Infantryman Badge and the Air Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards.

2.  The applicant states that he served in military occupational specialty (MOS) 11B (light weapons infantryman).  He served tours in Vietnam and Cambodia where they were engaged and in combat with hostile enemy forces.  During the Cambodia Incursion on 5 May 1970, Company B, 5th Battalion, 7th Cavalry,
1st Air Calvary (Airmobile) lifted off from Vietnam and flew into Cambodia.  Within the next twenty-one days five Soldiers from his platoon alone were killed plus many were wounded.  He was wounded on 16 June 1970 and he lost his right eye and sustained shrapnel in his left leg.  He was medically evacuated to the rear.  He was awarded the Purple Heart, Bronze Star Medal, and the Army Commendation Medal among other awards shown on his DD Form 214.  He further states, in effect, during a viewing of the documentary “Shakey’s Hill” he found out that others from his unit had received the Combat Infantryman Badge and the Air Medal.  These two awards should have also been awarded to him while he was on active duty in Vietnam and Cambodia.

3.  In support of his application, the applicant provides copies of his orders for award of the Purple Heart, Bronze Star Medal with "V" Device, and the Army Commendation Medal; a DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 14 June 1972; the last page of his Standard Form (SF) 88 (Report of Medical Examination), undated; and his DD Form 214.

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 requests award of the Air Medal.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms award of this personal decoration.  In the absence of authority for this award, he may request award of the Air Medal under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130.  As a result, the request for award of the Air Medal will not be discussed further in these Proceedings.

3.  The applicant’s military records show he was inducted in the Army of the United States in pay grade E-1 on 30 September 1969 for 2 years.  He served in MOS 11B in Vietnam from 19 March 1970 to 15 July 1970.  He served with Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) and he participated in the following three campaigns:  Vietnam Winter-Spring 1970
(1 November 1969 - 30 April 1970); Sanctuary Counteroffensive (1 May 1970 - 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

4.  The applicant submitted a copy of General Orders Number 10174, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 13 June 1970, awarding him the Bronze Star Medal with “V” Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 21 May 1970.  He also submitted a copy of General Orders Number 10805, issued by the same Headquarters, dated 20 June 1970, awarding him the Army Commendation Medal for meritorious service in connection with ground operations against a hostile enemy force in the Republic of Vietnam from March 1970 to June 1970.  He further submitted a copy of General Orders 18355, issued by the same Headquarters, dated 10 October 1970, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 16 June 1970.

5.  The available evidence does not show the applicant was awarded the Army Good Conduct Medal.  Records show he received "excellent" conduct and efficiency ratings throughout his enlistment.  Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal.

6.  The applicant was honorably retired in the pay grade E-4 on 27 November 1970 by reason of temporary disability.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Combat Infantryman Badge.

7.  There are no orders in his record that show he was awarded the Combat Infantryman Badge.  His DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations) does not show he was awarded the Combat Infantryman Badge.

8.  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 award of the Combat Infantryman Badge pertaining to the applicant.

9.  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 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.

10.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 600-8-22 further 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 5th Battalion,
7th Cavalry, his unit cited for award of the Valorous Unit Award for service from
1 May to 29 June 1970, by Headquarters, Department of the Army General Orders (DAGO) Number 43, dated 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, DAGO General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  The evidence of record shows he was awarded the Bronze Star Medal with “V“ Device for heroism and the Army Commendation Medal for meritorious service in connected with ground operations against a hostile force during his service in the Republic of Vietnam.  The evidence also shows he was wounded in hostile action in the Republic of Vietnam on 16 June 1970 and he was awarded the Purple Heart.  The evidence also shows the applicant served in an infantry MOS, in an infantry company in the Republic of Vietnam, and confirms that he was personally present and participated in active ground combat while assigned or attached to this infantry company.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

2.  The evidence shows the applicant met the criteria for award of the Army Good Conduct Medal.  The applicant's records show he received "excellent" conduct and efficiency ratings through his service.  There is also no evidence in the records which show he was disqualified for this award by any of his commanders.  Therefore, the applicant entitled to award of the Army Good Conduct Medal (first award) for the period 30 September 1969 to 27 November 1970 and correction of his records to show this award.

3.  The evidence also shows the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his records to show these two unit awards.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

_____X__  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Combat Infantryman Badge;

   c.  awarding him the Army Good Conduct Medal (first award) for the period
30 September 1969 to 27 November 1970;

   d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   e.  providing him a corrected DD Form 214 that includes these awards.



      _________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)                                         AR20090014762



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ABCMR Record of Proceedings (cont)                                         AR20090014762



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