BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20100000069 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Combat Infantryman Badge, the Bronze Star Medal, and the Army Commendation Medal.

2.  The applicant states he was awarded the Combat Infantryman Badge, the Bronze Star Medal, and the Army Commendation Medal while serving in the Republic of Vietnam, but he lost his copies of the Combat Infantryman Badge orders.  He is applying for post-traumatic stress disorder disability and the Combat Infantryman Badge will substantiate that he was in direct combat.

3.  The applicant provides copies of his Bronze Star Medal and Army Commendation Medal general orders.

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's records show he was inducted into the Army of the United States on 3 December 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He was honorably released from active duty in the rank/grade of specialist four/E-4 on 15 September 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant's records show he served in the Republic of Vietnam from on or about 15 June 1970 through on or about 5 May 1971.  He was assigned to Troop E, 2d Squadron (Airmobile), 17th Cavalry, 101st Airborne Division, from on or about 27 June 1969 to on or about 30 April 1970 and served as a light truck driver.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one overseas service bar

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 15207, dated 30 December 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement while serving in the Republic of Vietnam from 1 July 1970 to 30 November 1970.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1395, dated 16 February 1971, revoked the award of the Army Commendation Medal issued in General Orders 15207, dated 30 December 1970.

7.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3153, dated 16 April 1971, show the applicant was awarded the Bronze Star Medal for meritorious service while servicing in the Republic of Vietnam from June 1970 to April 1971.

8.  The applicant's records do not contain orders that show he was awarded the Combat Infantryman Badge.

9.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Troop D, 17th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 based on Department of the Army General Orders Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation for the period 12 December 1966 to 31 August 1970 based on Department of the Army General Orders 51, dated 1971.

13.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, appendix B of Army Regulation 600-8-22 shows campaign participation credit was awarded for the DA Sanctuary Counteroffensive from 1 May 1970 to 30 June 1970 and the Vietnam Counteroffensive Phase VIII from 1 July 1970 to 30 June 1971 during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

14.  Army Regulation 600-8-22 (Military Awards) provides 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 Vietnam Regulation 672-1 (Decorations and Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show the Combat Infantryman Badge, the Bronze Star Medal, and the Army Commendation Medal.

2.  General orders awarded the applicant the Bronze Star Medal for meritorious service for the period June 1970 to April 1971 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant the Army Commendation Medal; however these orders were revoked on 16 February 1971.  There is no evidence in the record of orders which subsequently award the applicant the Army Commendation Medal.  He is not entitled to correction of his DD Form 214 to show this award.

4.  The applicant’s records clearly show he distinguished himself in the performance of his military service.  Accordingly, he should be awarded the Army Good Conduct Medal and his records should be corrected to show this award.

5.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  There is no evidence the applicant held a qualifying infantry MOS; was assigned or attached to an infantry unit of brigade, regimental, or smaller size; or was directly involved in active ground combat.  In the absence of such evidence, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x_____  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 3 December 1969 through 15 September 1971 and

	b.  adding to his DD Form 214 issued on 15 September 1971 the Bronze Star Medal, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.

2.  The Board further determined 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 Army Commendation Medal and 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)                                         AR20100000069



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ABCMR Record of Proceedings (cont)                                         AR20100000069



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