IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017482 


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 (Report of Transfer or Discharge) to show the Air Medal, Combat Infantryman Badge, and a second award of the Army Commendation Medal.

2.  The applicant states:

* He has orders for the Air Medal and two awards of the Army Commendation Medal
* He received the Bronze Star Medal and Combat Infantryman Badge in the field
* His military occupational specialty (MOS) was 11B2O (light weapons infantryman) 

3.  The applicant provides:

* DD Form 214
* Orders, citations, and award certificates for the Air Medal and Bronze Star Medal
* Orders for the Army Commendation Medal with "V" Device
* Orders, citation, and award certificate for the Army Commendation Medal
* Two certificates
* Three photographs



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 
22 September 1967.  He was awarded MOS 11B.  He arrived in Vietnam on 
3 March 1968.  He served in MOS 11B while assigned to Company D, 1st Battalion (Airborne) of the 501st Infantry in Vietnam from 28 March 1968 through 
26 February 1969.  On 19 September 1969, he was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 
28 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Army Commendation Medal with "V" Device, Bronze Star Medal,  Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and National Defense Service Medal as authorized awards.

4.  Headquarters, 101st Airborne Division General Orders Number 8853, dated 
2 November 1968, shows the applicant received the Army Commendation Medal with "V" Device for heroism on 25 June 1968 during a combat operation in Vietnam.

5.  Headquarters, 101st Airborne Division General Orders Number 9534, dated 19 November 1968, shows the applicant received the Army Commendation Medal for meritorious achievement during the period 1 May 1968 to 
30 September 1968 in Vietnam.

6.  Headquarters, 101st Airborne Division General Orders Number 10870, dated 17 December 1968, shows the applicant received the Air Medal.

7.  There are no orders for the Combat Infantryman Badge in the available records.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (1st Battalion, 501st Infantry) at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 to 15 August 1968 by Department of the Army General Orders (DAGO) 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  Army Regulation 600-8-22 also states that the bronze 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 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Air Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was awarded the Army Commendation Medal with "V" Device for heroism on    25 June 1968 during a combat operation in Vietnam.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant's DD Form 214 shows the Army Commendation Medal with "V" Device.  However, orders show he received two awards of the Army Commendation Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device with First Oak Leaf Cluster.

4.  The applicant was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 22 September 1966 through 19 September 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show two awards of this unit award.

6.  The applicant's unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time he was assigned.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the Combat Infantryman Badge;

	b.  awarding him the first award of the Good Conduct Medal for the period 
22 September 1967 through 19 September 1969; 

	c.  deleting the entry "Army Commendation Medal with V Device" in item 24 of his DD Form 214; and  

	d.  adding the Air Medal, Combat Infantryman Badge, Army Commendation Medal with "V" Device with First Oak Leaf Cluster, Good Conduct Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in item 24 of 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)                                         AR20100017482



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ABCMR Record of Proceedings (cont)                                         AR20100017482



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