IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017468 


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 reconsideration of an earlier request for the Combat Infantryman Badge.  He also requests award of the Army Commendation Medal with "V" Device, which is a new issue. 

2.  The applicant states documents obtained from the National Archives show he was awarded the Army Commendation Medal with "V" Device and this documentation also supports his claim for the Combat Infantryman Badge.   

3.  The applicant provides an Awards Board Summary Sheet, a Recommendation for Decoration for Valor or Merit, and a supporting statement from his squad leader at the time in question in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050007282 on 23 February 2006.

2.  The Awards Board Summary Sheet, the Recommendation for Decoration for Valor or Merit, and the supporting statement from the applicant's squad leader at the time in question are new evidence which will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 3 February 1971.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in MOS 11B assigned to Company B, 1st Battalion, 7th Cavalry in Vietnam from 4 February 1972 through 5 August 1972.  On 2 February 1973, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) does not show the Combat Infantryman Badge or the Army Commendation Medal with "V" Device as authorized awards.  

5.  There are no orders for the Combat Infantryman Badge or the Army Commendation Medal with "V" Device in the available records.

6.  The applicant provided a Recommendation for Decoration for Valor or Merit, dated 27 May 1972, for the Army Commendation Medal with "V" Device for heroism on 29 February 1972 in Vietnam.  The supporting statement from the applicant's squad leader at the time in question states, in pertinent part, that on 29 February 1972 the 4th platoon of Company B, 1st Infantry Battalion, 7th Cavalry, 3rd Brigade, 1st Cavalry Division engaged an unknown sized enemy force in a fortified bunker complex.  The squad leader attests he observed the applicant without hesitation and regard for his own safety cross an open area while under heavy enemy fire to take over as "AG" for an M60 machine gun.  When the ammunition for the machine gun was running out the applicant did a second time still without regard for his own safety cross the open area still under heavy enemy fire to collect ammunition for the machine gun and return as "AG."  The squad leader strongly recommended the applicant be awarded the Army Commendation Medal with "V" Device. 

7.  The applicant provided an Awards Board Summary Sheet which shows on 
2 June 1972 the Awards Board approved the recommendation for award of the Army Commendation Medal with "V" Device.  This sheet also shows the approval authority approved award of the Army Commendation Medal with "V" Device.  These documents were reproduced from the National Archives at College Park, Maryland on 5 June 2009.

8.  Contact with officials at the Military Awards Branch, Human Resources Command, Alexandria, Virginia revealed they were unable to provide orders for the Army Commendation Medal with "V" Device. 

9.  Army Regulation 600-8-22 (Military Awards) states 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 (USARV) Regulation 672-1 states 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 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with award of the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also recommended for award of the Army Commendation Medal for heroism on 
29 February 1972 in Vietnam.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The Recommendation for Decoration for Valor or Merit, dated 27 May 1972, for the Army Commendation Medal with "V" Device for heroism on 29 February 1972 in Vietnam and the Awards Board Summary Sheet provided by the applicant which shows the approval authority approved award of the Army Commendation Medal with "V" Device is accepted as sufficient evidence on which to base award of the Army Commendation Medal with "V" Device for heroism on 29 February 1972 in Vietnam.  
 
BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050007282, dated 23 February 2006.  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 Infantryman Badge; and

	b.  adding the Combat Infantryman Badge on his DD Form 214.

2.  With regard to the applicant's request for award of the Army Commendation Medal with "V" Device, 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.  awarding him the Army Commendation Medal with "V" Device for heroism on 29 February 1972; and

	b.  adding the Army Commendation Medal with "V" Device on his DD Form 214. 
 


      _______ _   _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)                                         AR20090017468



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ABCMR Record of Proceedings (cont)                                         AR20090017468



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