IN THE CASE OF:	  

		BOARD DATE:	    16 March 2010

		DOCKET NUMBER:  AR20090014991 


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 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Combat Infantryman Badge and the Presidential Unit Citation.

2.  The applicant states the awards were not updated or recorded on his DD Form 214.

3.  The applicant provides a copy of orders awarding him the Combat Infantryman Badge and a copy of the orders awarding Troop A, 11th Armored Cavalry, the Presidential Unit Citation.

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 records available to the Board indicate the applicant was inducted into the Army of the United States on 6 August 1969.  In January 1970 following completion of training, the applicant was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment, in Vietnam for duty in specialty 11E as a loader and subsequently as a gunner.

3.  According to the orders provided by the applicant, he was awarded the Combat Infantryman Badge effective 26 March 1970.  Special Orders Number 123 were published by the 11th Armored Cavalry Regiment on 3 May 1970.

4.  The applicant's official military personnel file, however, contains a copy of Special Orders Number 255, published by the 11th Armored Cavalry Regiment on 12 September 1970 which revoked the applicant's award of the Combat Infantryman Badge.  There is no indication in the available records that the applicant was ever again awarded the badge.

5.  The applicant departed Vietnam in December 1970 and completed his period of active duty at Fort Meade, Maryland.  On 5 August 1971 he was released from active duty with an honorable characterization of service.  His DD Form 214 reflects entitlement to the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars.

6.  On 6 April 2009 the U.S. Army Human Resources Command published Permanent Orders 096-02 awarding Troop A, 11th Armored Cavalry, the Presidential Unit Citation for extraordinary heroism and conspicuous gallantry on 26 March 1970.  The authenticity of the order provided by the applicant is confirmed in documents maintained by the U.S. Army Center of Military History.

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 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 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.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 11th Armored Cavalry was awarded a Valorous Unit Award for the period 1 May 1970 through 29 June 1970 by Department of the Army General Order Number 43, dated 1972.  The same pamphlet shows the unit was also awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one for the period 1 May 1969 to 15 February 1970 by Department of the Army General Orders Number 50, dated 1971, and the second for the period 1 March 1970 to 30 October 1970 by Department of the Army General Orders Number 55, dated 1971

10.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  While the evidence shows the applicant was awarded the Combat Infantryman Badge at one time, the badge was subsequently revoked and there is no evidence he was ever again awarded the badge.  The applicant's records indicate he held and was performing duties in specialty 11E which was not one of the specialties identified for award of the Combat Infantryman Badge which may have been the basis for revocation of the award orders.  In the absence of orders confirming award of the Combat Infantryman Badge, there is no basis to now correct his record to show entitlement to that badge.

2.  The evidence does, however, show the applicant was assigned to a unit that was awarded the Valorous Unit Award, the Presidential Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

3.  The records show the applicant was awarded the Vietnam Service Medal.  Additionally, the records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

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 adding the following awards to the applicant's DD Form 214 issued on 5 August 1971:  the Valorous Unit Award, the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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)                                         AR20090014991



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ABCMR Record of Proceedings (cont)                                         AR20090014991



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