IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017467 


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 Air Medal and the Combat Infantryman Badge.

2.  The applicant states that due to administrative error, these two awards were not recorded on his DD Form 214.

3.  The applicant provides the following documentary evidence:

	a.  General Orders Number 1319, dated 7 March 1990 with accompanying Air Medal certificate and citation;

	b.  General Orders Number 1570, dated 17 March 1970; and

	c.  a Combat Infantryman Badge hand scribed certificate, dated 6 July 1969.

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 21 November 1968.  He completed his initial entry training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 8 May 1969 to 10 April 1970 and he was assigned to Company D, 1st Battalion, 35th Infantry, 4th Infantry Division.

4.  General Orders Number 1220, published by Headquarters, 4th Infantry Division, dated 25 February 1970, awarded the applicant the Army Commendation Medal (1st oak leaf cluster) for meritorious service during the period May 1969 to March 1970.

5.  General Orders Number 1319, published by the same headquarters, dated
7 March 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 16 May 1969 to 13 February 1970.

6.  General Orders Number 1570, published by the same headquarters, dated
17 March 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 1 January 1970 to 1 March 1970.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Combat Infantryman Badge.  The applicant's personnel service record does not contain orders awarding him the Combat Infantryman Badge.

8.  On 31 August 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 shows he completed 1 year, 9 months, and 10 days of total active service.  Item 12c (Foreign and/or Sea Service) shows 11 months and 3 days of foreign service in the U.S. Army Pacific.


9.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

10.  In support of his application, the applicant provided a certificate for the Combat Infantryman Badge showing a first lieutenant awarded him this badge on  6 July 1969.  No special orders permanently awarding him this badge were made available to the Board.  

11.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following three campaigns:

* TET 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

14.  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 the 1st Battalion, 35th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 - 10 April 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal for meritorious achievement during the period 16 May 1969 to 13 February 1970.  Therefore, he is entitled to a correction of his DD Form 214 to show this award.

2.  General orders awarded the applicant the Army Commendation Medal with 1st oak leaf cluster for meritorious service during the period May 1979 to March 1970.  The 1st oak leaf cluster denotes two awards of the Army Commendation Medal.  General orders subsequently awarded him an additional award of the Army Commendation Medal for meritorious achievement during the period
1 January to 1 March 1970.  Therefore, he is entitled to correction of his
DD Form 214 to show the Army Commendation Medal (2nd oak leaf cluster) to denote three awards of this medal.

3.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant contends he is entitled to correction of his DD Form 214 to show the Combat Infantryman Badge based on his unit first lieutenant presenting him with a certificate for this badge.  However, the applicant’s personnel service record is void of orders announcing award of this badge, he did not provide evidence to show he was awarded this badge by publication of orders, and there is no evidence to show he was in direct contact with enemy forces.  Therefore, without conclusive evidence showing the applicant was engaged in direct fire with enemy forces during combat operations, there is no conclusive evidence upon which to base award of the Combat Infantryman Badge.


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 from item 24 of his DD Form 214 the Vietnam Service Medal and the Army Commendation Medal; and

	b.  adding to item 24 of his DD Form 214 the:

* Air Medal
* Army Commendation Medal (2nd oak leaf cluster)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 correcting his record to show he was awarded 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)                                         AR20100017467



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ABCMR Record of Proceedings (cont)                                         AR20100017467



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