IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100014355 


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 his earlier request for award of the:

* Bronze Star Medal with "V" Device
* Air Medal
* Combat Infantryman Badge
* Air Assault Badge

2.  He also requests reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from Active Duty) to show awards of the:

* Presidential Unit Citation
* Meritorious Unit Commendation
* Valorous Unit Award
* Republic of Vietnam Presidential Unit Citation

3.  As new issues, he requests correction of his DD Form 214 to show awards of the:

* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  The applicant states, in effect, that he earned the requested awards but his records were either missing or incomplete.  

5.  The applicant provides:

* Self-authored statement 
* Statement from a clinical psychologist
* Army Discharge Review Board (ADRB) decision
* Health Insurance Claim
* Reissued DD Form 214 
* DA Form 3072 (Request for Waiver of Disqualification for Enlistment/Reenlistment)
* Extract of his separation packet
* Extract of Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letters from his Member of Congress

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 AR20090014557, on 2 March 2010.

2.  The applicant submitted a 17-page self-authored statement in which he chronicles his military service and highlights the events that led to each award.  This was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

4.  The applicant requests award of the Bronze Star Medal with "V" Device and the Air Medal; however, there are no orders or other evidence on file in his service records confirming award of these decorations.  In the absence of authority for these awards, the applicant may request award of the Bronze Star Medal with "V" Device and the Air Medal under the provisions of 10 USC 1130.  He has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the US Code.  As a result, the request for award of the Bronze Star Medal with "V" Device and Air Medal will not be discussed further in this Record of Proceedings.

5.  The applicant's records show he enlisted in the Regular Army (RA) on 17 October 1969.  He completed basic combat training at Fort Campbell, KY; advanced individual training at Fort Lee, VA; and he was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist).

6.  He subsequently completed airborne training at Fort Bragg, NC, and he was assigned as an "Armorer" to Company B, 3rd Battalion, 325th Infantry, Fort Bragg, NC.

7.  He was honorably discharged on 19 October 1970 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Parachutist Badge.

8.  He executed a 3-year reenlistment in the RA on 20 October 1970 and subsequently served in the Republic of Vietnam from on or about 19 December 1970 to on or about 17 July 1971.  He was assigned as an "Armorer" to Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade.

9.  Upon completion of his Vietnam tour, he was reassigned to Fort Campbell, KY.  However, on 24 July 1971, he departed his unit in an absent without leave (AWOL) status.  He ultimately surrendered to military authorities at Fort Ord, CA, on 26 September 1971.

10.  On 28 September 1971, court-martial charges were preferred against him for one specification of being AWOL.

11.  On 5 August 1971, subsequent to consulting with legal counsel and being  advised of the basis for the contemplated trial by court-martial for an offense punishable by a bad conduct discharge or an under other than honorable conditions discharge, the maximum permissible punishment authorized under the Uniform Code of Military Justice, the possible effects of a request for discharge, and of the procedures and rights that were available to him, he requested discharge for the good of the service in lieu of trial by court-martial in accordance with chapter 10 of Army Regulation 635-200.

12.  On 28 October 1971, the separation authority approved his request for discharge for the good of the service in accordance with chapter 10 of Army Regulation 635-200 and directed that he receive an Undesirable Discharge Certificate and reduction to the lowest enlisted grade.  Accordingly, he was discharged on 29 October 1971.

13.  The DD Form 214 he was issued shows he was discharged for the good of the service in lieu of a court-martial with a character of service of under other than honorable conditions.  He had completed a total of 1 year, 10 months, and 9 days of creditable active service and had 64 days of lost time.

14.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, one overseas service bar, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar.

15.  On 17 June 1975, the ADRB granted him relief in that his character of service was upgraded to under honorable conditions (general).  According, he was reissued a DD Form 214 to reflect his upgraded character of service.

16.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list awards of the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, or Sharpshooter Marksmanship Qualification Badge with Carbine Bar

17.  There is no indication in his record that he held an infantry MOS and there are no official orders in his records that show he was awarded the Combat Infantryman Badge.

18.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for the Combat Infantryman Badge.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

20.  U.S. Army Vietnam Regulation Number 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

21.  DA Pamphlet 672-3 shows the 2nd Battalion, 503rd Infantry, was awarded the following unit awards during its service in Vietnam:

* Presidential Unit Citation for service on 16 March 1966 and from 6 to 23 November 1967
* Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1967
* Republic of Vietnam Gallantry Cross with Palm for service from 5 May 1965 to 26 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 15 April 1969 to 16 March 1971

22.  Appendix B of Army Regulation 600-8-22 shows that during his service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase VII, (1 July 1970 to 30 June 1971) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

23.  Army Regulation 600-8-22 provides for the following awards:

	a.  The Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

	b.  The Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  

	c.  The Meritorious Unit Commendation  is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  

	d.  The Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

	e.  The Marksmanship Qualification Badge is awarded to indicate the degree (Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  If a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

	f.  The Vietnam Presidential Unit Citation was awarded to all personnel assigned to the Military Assistance Advisory Group, Indo-China, during August and September 1954.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  With respect to the Combat Infantryman Badge, his service in Vietnam is not in question.  However, he did so while holding a logistics MOS.  By regulation, the Combat Infantryman Badge is authorized for award only to infantry Soldiers who have an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  There is no evidence in his records and he did not submit any substantiating evidence that shows he held an infantry MOS.  In the absence of evidence that the applicant held an infantry MOS and was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  With respect to the Presidential Unit Citation and Meritorious Unit Commendation, the evidence of record shows the 2nd Battalion, 503rd Infantry, was cited for both awards; however, he was not assigned to this unit at the time.  Therefore, he is not entitled to either award.

5.  With respect to the Valorous Unit Award, there is no evidence the 2nd Battalion, 503rd Infantry, was awarded the Valorous Unit Award or that he was assigned to any other unit that was awarded this award.  

6.  With respect to the Air Assault Badge, there is no evidence he 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.  He was discharged on 29 October 1971.

7.  With respect to the Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar, there is no evidence in his records and he did not provide any evidence that shows he qualified with either weapon system or the degree of his qualification.

8.  With respect to the Vietnam Presidential Unit Citation, there is no evidence he served with the Military Assistance Advisory Group, Indo-China, during August and September 1954.  Therefore, he does not meet the criteria for this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__X_____  ___X____  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  As for the new issues, 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 adding to his DD Form 214 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  As for the other new issues, 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 the Sharpshooter Marksmanship Qualification Badge with Pistol Bar Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

3.  As for the reconsidered issues, 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 to amend the decision of the ABCMR set forth in Docket Number AR20090014557, dated 2 March 2010 as pertains to the:

* Combat Infantryman Badge
* Air Assault Badge
* Presidential Unit Citation
* Meritorious Unit Commendation
* Valorous Unit Award
* Republic of Vietnam Presidential Unit Citation



      _______ 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)                                         AR20100014355



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ABCMR Record of Proceedings (cont)                                         AR20100014355



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