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ARMY | BCMR | CY2010 | 20100018487
Original file (20100018487.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018487 


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 Combat Infantryman Badge.

2.  The applicant states that he held and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) with Company A, 1st Battalion,
14th Infantry, in Vietnam and he was issued orders awarding him and several other members of his unit and other units the Combat Infantryman Badge.  His name was even published in local newspapers.  He adds that there was a discrepancy with his social security number (SSN) on some of his records at the time.  For example, he was issued orders awarding him the Army Commendation Medal but the orders listed an incorrect SSN.  Yet, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed a correct SSN.  He concludes that although the Army awarded him MOS 00F (Drill Instructor) at a later date, the fact remains he served as an infantry Soldier in Vietnam.

3.  The applicant provides a copy of:

* Special Orders Number 89 awarding him the Combat Infantryman Badge
* Newspaper articles
* RECONDO graduation ceremony booklet
* Special Orders Number 269 promoting him to specialist four (SP4)/E-4
* Special Orders Number 8034 awarding him the Army Commendation Medal
* 
Special Orders Number 170 reassigning him to Fort Lewis, WA
* Special Orders Number 284 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 297 reassigning him to Fort Lewis
* Special Orders Number 343 awarding him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Special Orders Number 147 authorizing him leave from Fort Lewis
* Special Orders Number 346 assigning him to Advanced Individual Training for MOS 11B
* Special Orders Number 10 reassigning him to Vietnam
* his DD Form 214
* Special Orders Number 365 assigning him to the U.S. Army Vietnam Returnee Detachment
* Special Orders Number 177 awarding him MOS 00F
* his résumé

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 AR20090014262 on 18 March 2010.

2.  The applicant submitted copies of various special orders which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army on 29 August 1968 for a period of 3 years.  He completed basic combat and advanced individual training at Fort Lewis, and was awarded MOS 11B.

4.  On 11 October 1968, Headquarters, U.S. Army Training Center, Fort Lewis, published Special Orders Number 284 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 24 October 1968, the same headquarters published Special Orders Number 297, awarding him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  His records also show he served in the Republic of Vietnam from 21 January 1969 to 20 January 1970.  He was assigned as follows:

* From on or about 21 January 1969 to on or about 30 April 1969, he was assigned to A Company, 1st Battalion, 14th Infantry
* From on or about 1 May 1969 to on or 20 January 1970, he was assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade,
4th Infantry Division

7.  On 30 March 1969, Headquarters, 4th Infantry Division, published Special Orders Number 89, awarding him the Combat Infantryman Badge while assigned to Company A, 1st Battalion, 14th Infantry.

8.  On 1 June 1969, he graduated from the 4th Infantry Division RECONDO/LRP (Long-Range Reconnaissance Patrol) Course while assigned to HHC, 3rd Brigade.

9.  On 18 December 1969, Headquarters, 4th Infantry Division, published General Orders Number 8034 awarding him the Army Commendation Medal for the period January 1969 to January 1970 for meritorious service in connection with military operations against a hostile force in Vietnam.

10.  On 26 June 1970, Headquarters, U.S. Army Training Center, Fort Lewis, published Special Orders Number 177 awarding him primary MOS 00F and secondary MOS 11B.

11.  He was honorably released from active duty on 28 August 1971 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group Reinforcement) for completion of his Reserve obligation.

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

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal
* two Overseas Service Bars
* Army Good Conduct Medal

13.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards), 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 four campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring (1 November 1969 - 30 April 1970)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the
1st Battalion, 14th Infantry, this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 based on Department of the Army General Orders (DAGO) Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969, based on DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four 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.
5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 amendment of the ABCMR's decision in Docket Number AR20090014262 on 18 March 2010.  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

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

* Army Commendation Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100018487



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ABCMR Record of Proceedings (cont)                                         AR20100018487



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