IN THE CASE OF:	 

		BOARD DATE:	 19 May 2010 

		DOCKET NUMBER:  AR20090018925 


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 his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the following:

* Two awards of the Army Commendation Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Air Medal
* Air Assault Badge
* Assignment to Company B, 3rd Battalion, 1st Infantry vice 15th Infantry in item 12 (Last Duty Assignment and Major Command)

2.  The applicant states he came home with the medals on his jacket and believes the awards were not added because his DD Form 214 reflects the wrong unit of assignment.  He states other men in his unit can confirm the awards.  

3.  The applicant notes he was a combat infantry Soldier in Vietnam on the front line and was continuously jumping from helicopters into hot zones which is why he was awarded the Combat Infantryman Badge and the Air Medal.

4.  The applicant provides copies of orders awarding him the Army Commendation Medal for the period 24 March 1970 to 2 April 1970, a copy of his DD Form 214, and a copy of an order assigning him to a transfer station for separation processing.  The applicant also indicated his second award of the Army Commendation Medal was confirmed by a fellow Soldier in his unit and referenced a statement.  However, no statement was included with 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 on 1 August 1968.  He was trained as a light weapons infantryman (military occupational specialty 11B) and served at Fort Polk, Louisiana and Fort Hood, Texas prior to being assigned to Vietnam in February 1970.

3.  On 15 May 1970 orders were issued by Headquarters, Americal Division in Vietnam awarding the applicant an Army Commendation Medal for meritorious achievement between 24 March 1970 and 2 April 1970.  The orders, copies of which are contained in the applicant’s Official Military Personnel File (OMPF), confirm the applicant was assigned to Company B, 3rd Battalion, 1st Infantry, 11th Infantry Brigade during the period in question.

4.  The unit information contained on the order awarding him the Army Commendation Medal is consistent with the entry in item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) and on orders reassigning him from Vietnam to Fort Lewis, Washington for separation processing.

5.  On 30 July 1970 the applicant was released from active duty with an honorable characterization of service.  Item 12 on his DD Form 214 reflects “COB 3D BN 15 INF 11TH INF BDE.”

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Qualification as a sharpshooter with the M-14 (SPS M-14)
* Qualification as a marksman with the M-60 (MKM M-60)

7.  There is no evidence in available records confirming the applicant was ever awarded the Combat Infantryman Badge, a second Army Commendation, a Bronze Star Medal, the Air Medal, or the Air Assault 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, also failed to reveal any orders for any of these awards or decorations.

8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

9.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

10.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaigns (Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnamese Counteroffensive Phase VII).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  
12.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

13.  Army Regulation 600-8-22 states award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

14.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to confirm the applicant was assigned to Company B, 3rd Battalion of the 1st Infantry and not the 15th Infantry as reflected in item 12 on his 1970 DD Form 214.  

2.  The evidence confirms the applicant was awarded an Army Commendation Medal for meritorious achievement during the period 24 March to 2 April 1970.  His DD Form 214 should be corrected accordingly.

3.  The evidence also confirms the applicant is entitled to the following:

* Three bronze service stars on his already awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.   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 award of the Army Commendation Medal reflects his performance in a combat theater but does not speak directly of any active ground combat encounters.

5.  As the applicant separated in July 1970, it appears he does not meet the eligibility criteria for award of the Air Assault Badge.

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. amending item 12 of his DD Form 214 to reflect assignment to Company B, 3rd Battalion, 1st Infantry, vice 15th Infantry, of the 11th Infantry Brigade; and 

b. adding to his DD Form 214 the following:

* Army Commendation Medal
* Three bronze service stars on his already awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 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, a second Army Commendation Medal, a Bronze Star Medal, the Air Medal, and the Air Assault 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)                                         AR20090018925





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ABCMR Record of Proceedings (cont)                                         AR20090018925



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