BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100018114 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show award of:

* Bronze Star Medal
* Purple Heart
* Air Medal with 5 Oak Leaf Clusters
* Army Commendation Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge

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

3.  The applicant provides no additional documentation.

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.  On 13 May 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Marksmanship badges were awarded to the applicant on the following Special Orders (SO):

	a.  SO Number 198, Fort Bragg, North Carolina, dated 16 July 1968: Expert Marksmanship Qualification Badge with Rifle [M-14] Bar;

	b.  SO Number 224, Fort Polk, Louisiana, dated 4 September 1968: Marksman Marksmanship Qualification Badge with Machinegun [M-60] Bar; and

	c.  SO Number 198, Fort Bragg, dated 19 September 1968: Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar.

4.  On 4 October 1968, the applicant departed Fort Polk for duty in the Republic of Vietnam (RVN).

5.  The applicant was assigned to the following units in the RVN:

	a.  Company A, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division from 3 to 20 November 1968; and

	b.  Company D, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division from 21 November 1968 until his return to the United States.

6.  General orders (GO) issued by the 9th Infantry Division, awarded the applicant the following decorations:

	a.  GO Number 3125, dated 17 March 1969: Purple Heart for wounds received in action on 15 March 1969;

	b.  GO Number 5042, dated 28 April 1969: Army Commendation Medal with 1st Oak Leaf Cluster for outstanding achievement during October 1968 to April 1969;

	c.  GO Number 5282, dated 5 May 1969: Army Commendation Medal with "V" Device for action on 12 April 1969;

	d.  GO Number 6658, dated 12 June 1969: Air Medal for meritorious achievement from 17 November 1968 to 9 February 1969;

	e.  GO Number 6716, dated 13 June 1969: Air Medal with 2nd Oak Leaf Cluster for meritorious achievement [period of service missing from orders];

	f.  GO Number 8400, dated 3 July 1969: Bronze Star Medal for meritorious service during March to July 1969;

	g.  GO Number 8506, dated 4 July 1969: Air Medal with 3rd Oak Leaf Cluster for meritorious achievement from 7 May to 28 June 1969; and

	h.  GO Number 8460, dated 4 July 1969: Army Commendation Medal with 2nd Oak Leaf Cluster.

7.  A letter from an assistant adjutant general, Headquarters, U.S. Army Vietnam, dated 26 August 1969, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with bronze star.  The letter further authorized entering this award into the applicant's personnel records.

8.  On 1 October 1969, the applicant departed the RVN.

9.  On 2 April 1971, the applicant was discharged.

10.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the NDSM [National Defense Service Medal], VSM [Vietnam Service Medal], and the VCM [Vietnam Campaign Medal with 1960 Device].

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The Combat Infantryman Badge is awarded to enlisted Soldiers 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;





	b.  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; and

	c.  Arabic numerals are now used instead of Oak Leaf Clusters for the second and succeeding awards of the Air Medal.  The numeral 4 denotes the fourth award of the Air Medal.

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Numbers 31 and 59, dated in 1969 for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

14.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, 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.  Additionally Appendix V of USARV 672-1 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to add the following awards:

* Bronze Star Medal
* Purple Heart
* Air Medal with 5 Oak Leaf Clusters
* Army Commendation Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge

2.  General orders clearly show the applicant was awarded the Bronze Star Medal, Purple Heart, and the Army Commendation Medal with 2nd Oak Leaf Cluster and "V" Device.  Therefore, these decorations should be added to his 
DD Form 214.

3.  The applicant's contention that he was awarded a total of six Air Medals is not supported by the available evidence.  However, general orders do show he was awarded the Air Medal with 3rd Oak Leaf Cluster, indicating a total of four awards.  Therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral 4.

4.  The evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  The applicant's numerous personal decorations for achievement, service, and valor, and his Purple Heart for wounds received in action, are sufficiently convincing that he has engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be granted.

5.  Records show that the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



6.  The applicant's unit was cited twice in general orders for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and once for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7. Records show that the applicant was authorized to accept and wear the personal decoration of the RVN Gallantry Cross with bronze star.  Therefore, his DD Form should be corrected to show this foreign award.

8.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar, Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar, and the Marksman Marksmanship Qualification Badge with Machinegun [M-60] Bar.  Therefore, these badges should be shown on his DD Form 214.

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 26 of his DD Form 214 the NDSM, VSM, VCM; and

	b.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Purple Heart
* Air Medal with Numeral 4
* Army Commendation Medal with 2nd Oak Leaf Cluster and "V" Device
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with bronze star
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle [M-14] Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle [M-16] Bar 
* Marksman Marksmanship Qualification Badge with Machinegun [M-60] Bar

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 a fifth or sixth award of the Air Medal.



      _______ _   _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)                                         AR20100018114



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018114



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1