BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100013486 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 March 1971 be corrected to show the following awards:

* Bronze Star Medal
* Army Commendation Medal
* Combat Infantryman Badge
* all Vietnam awards to which he is entitled

2.  He states the above awards should be added to his DD Form 214.  He states he was an infantryman assigned to an infantry unit in combat in Vietnam.

3.  He provides copies of a DD Form 214 for the period ending 9 March 1971; Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1950, dated 8 March 1971; and a citation for the Army Commendation Medal.

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 of the United States on 28  May 1969 and he successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He arrived in Vietnam on 11 May 1970 and was assigned to Company C, 2nd Battalion, 327th Infantry, 101st Airborne Division (Airmobile), where he performed duties as a rifleman and scout observer.  He was reassigned to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division (Airmobile), on 28 August 1970 were he performed duties as a rifleman.

4.  He provided a citation that shows he was awarded the Army Commendation Medal for the period 1 June 1970 to 31 October 1970.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1950, dated 8 March 1971, show he was awarded the Bronze Star Medal for meritorious service during the period May 1970 to March 1971.

6.  He departed Vietnam on 5 March 1971.  On 9 March 1971, he was honorably released from active duty after completing 1 year, 9 months, and 3 days of creditable active service with 9 days of lost time.

7.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal 
* Expert Marksmanship Qualification Badge (M-14 Rifle)
* Marksman Marksmanship Qualification Badge (M-16 Rifle)

8.  There are no orders in the applicant's service personnel records awarding him the Army Commendation Medal or the Combat Infantryman Badge.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal or the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970-30 June 1971)

12.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 2nd Battalion, 327th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1-9 March 1971 based on Department of the Army General Orders Number 6, dated 1974.

14.  Department of the Army Pamphlet 672-3 also shows that Headquarters and Headquarters Company, 2nd Brigade, was awarded the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 18 March 1968 through 2 May 1970 based on Department of the Army General Orders Number 48, dated 1971.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows applicant was awarded the Bronze Star Medal. 
Therefore, his DD Form 214 should be amended to add this award.

2.  He was assigned to two units during the periods these units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation.  His participation in three campaigns makes him eligible to wear three bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

3.  He was awarded an infantry military occupational specialty and he served in an infantryman positions with Company C, 2nd Battalion, 327th Infantry, from May 1970 to August 1970 and with Headquarters and Headquarters Company, 2nd Brigade, from August 1970 to March 1971.  However, there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge.

4.  There is no evidence he participated in active ground combat during the time he served with the above units.  Therefore, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.

5.  He provided a certificate that shows he was awarded the Army Commendation Medal.  However, there are no orders in the available records that verify the approving authority awarded him the Army Commendation Medal.  Unfortunately, the citation provided by the applicant alone is insufficient evidence to show he was awarded the Army Commendation Medal.

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 is 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 amending his DD Form 214 for the period ending 9 March 1971 to add the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation, and three 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 adding the Combat Infantryman Badge and the Army Commendation Medal to 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)                                         AR20100013486



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ABCMR Record of Proceedings (cont)                                         AR20100013486



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