IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015244 


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 the Combat Infantryman Badge, Air Medal, Army Commendation Medal, Parachutist Badge, and any other awards he may have earned during his active duty service.

2.  The applicant states his DD Form 214 does not show these awards.

3.  The applicant provides a DD Form 214; Air Medal citation and certificate; Army Commendation Medal citation and certificate; a Disposition Form (DF), Subject: Application for Airborne Training; and orders for the Combat Infantryman Badge.

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 complete military records are not available for review.  This case is being considered based on the documents provided by him.

3.  His DD Form 214 shows he enlisted in the Regular Army on 26 February 1971 and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  Headquarters, 196th Infantry Brigade, Special Orders Number 62, dated 
2 March 1972, awarded him the Combat Infantryman Badge.

5.  He was released from active on 2 March 1973.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Vietnam Service Medal, and one Overseas Service Bar.  Item 30 (Remarks) indicates he served in the Republic of Vietnam (RVN) from 9 August 1971 to 29 June 1972.

6.  There is no available evidence showing he was awarded or recommended for the Air Medal, Army Commendation Medal, or the Parachutist Badge.

7.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in the ADCARS database.

8.  He provided citations and certificates for the Air Medal and the Army Commendation Medal that indicate he was presented theses awards.  He also provided a DF, dated 8 March 1971, that shows he volunteered for airborne training.

9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Army Regulation 600-8-22 states 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, distinguishes 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 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

12.  Army Regulation 600-8-22, paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in three campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

13.  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.  The applicant's contention that he is entitled to correction of his DD Form 214 to show the Combat Infantryman Badge, Air Medal, Army Commendation Medal, and the Parachutist Badge has been carefully reviewed.


2.  Orders show he was awarded the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his 
DD Form 214 to show this fact.

4.  All units that served in the RVN were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should also be added to his DD Form 214.

5.  There is no evidence in his available records that shows he was awarded or recommended for the Air Medal, the Army Commendation Medal or the Parachutist Badge.  In the absence of such evidence, the citations, certificates, and the Disposition Form provided by him are insufficient evidence on which to base amending his DD Form 214 to show these awards.  As a result, this portion of his request should be denied.

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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and 

	b.  adding the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, and the 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 the Air Medal, the Army Commendation Medal, and the Parachutist 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)                                         AR20100015244



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ABCMR Record of Proceedings (cont)                                         AR20100015244



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