IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010459 


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 their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states the awards were not added to his DD Form 214.

3.  He provides copies of his DD Form 214 for the period ending 2 September 1971 and a letter from the National Personnel Records Center (NPRC) showing the award of other medals.

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 military records show he was inducted into the Army of the United States on 22 August 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 13 April 1970 through 19 February 1971.  He was assigned to Company A, 1st Battalion (Airmobile), 506th Infantry.

3.  His records contain a Western Union Telefax, dated 24 May 1970, wherein his mother was informed that he had been slightly wounded in action in Vietnam on 23 May 1970 by a fragment while at an artillery firing position when the area came under attack by a hostile force.  He received a wound to his left thigh.

4.  His records contain General Orders Number 10755, issued by Headquarters, 101st Airborne Division (Airmobile), dated 10 September 1970, awarding him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 April 1970 to 31 August 1970.

5.  His records also contain General Orders Number 1020, issued by the same headquarters, dated 2 February 1971, awarding him the Bronze Star Medal for meritorious service in the Republic of Vietnam from 1 May 1970 to 31 January 1971.

6.  His records further contain General Orders Number 2583, issued by the same headquarters, dated 28 March 1971, awarding him the Army Commendation Medal in the Republic of Vietnam from 1 October 1970 to 28 February 1971.

7.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 2 September 1971, at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 24 June 2003, shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

9.  There are no orders in the applicant’s military personnel records that show he was awarded the Combat Infantryman Badge or the Air Medal.

10.  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 the Combat Infantryman Badge or the Air Medal pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards), then in effect, specified the Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who had 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 (USARV) Regulation 672-1 provided 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.

12.  Army Regulation 600-8-22 also specified the Air Medal was awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award was primarily intended for personnel on flying status, but could also be awarded to those personnel whose combat duties required 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 were required.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Combat Infantryman Badge, to be entitled to award of the Combat Infantryman Badge, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

2.  The evidence of record shows he was assigned to the 1st Battalion, 506th Infantry, during his period of service in Vietnam, and he was awarded the Purple Heart.  However, the available evidence shows he was at an artillery firing position when he was injured.  There is insufficient evidence to show he performed infantry duties with a qualifying infantry unit when that unit was engaged in active ground combat and that he actively participated in such ground combat.  Therefore, there is insufficient evidence to award him the Combat Infantryman Badge in this case. 

3.  With respect to the Air Medal, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal.  His service records give no indication he was recommended for or awarded the Air Medal.  In view of the circumstances in this case, there is insufficient evidence to award him the Air Medal or to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X____  DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100010459



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010459



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1