BOARD DATE:	3 March 2011

		DOCKET NUMBER:  AR20100021002 


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 Army Commendation Medal with "V" Device and the Combat Infantryman Badge.

2.  The applicant states the awards were omitted from his DD Form 214 due to a clerical error.

3.  The applicant provides a copy of the general orders announcing award of the Army Commendation Medal with "V" Device.

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 9 June 1970.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 14 December 1970, he was assigned duty in MOS 11B with Company A, 2d Battalion, 8th Cavalry, 1st Cavalry Division in the Republic of Vietnam.

4.  On 27 January 1972, 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.  The highest rank/grade he attained during his active service private first class (PFC)/E-3.  He completed 1 year and 8 months of total active service.

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

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he was reassigned on 27 May 1971 as a patient to the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan.

	b.  item 39 (Campaigns) the entry "Unnamed campaign commencing 1 May 1970."

	c.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Army Commendation Medal with "V" Device
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  His available records do not contain orders for the Combat Infantryman Badge.


8.  The applicant's records contain a copy of General Orders Number 2016, issued by Headquarters, 1st Cavalry Division, dated 29 January 1971, awarding him the Army Commendation Medal with "V" Device for heroism on 2 January 1971 in connection with military operations against a hostile enemy force in the Republic of Vietnam.

9.  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 military occupational specialty (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 (USARV) Regulation 672-1 states 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.

10.  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 Vietnam Counteroffensive Phase VII
(1 July 1970 - 30 June 1971) campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that 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. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The available evidence clearly shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  He was awarded the Army Commendation Medal with "V" Device for heroism that occurred on 2 January 


1971.  The "V" Device is worn to denote participation in acts of heroism involving conflict with an armed enemy.  Therefore, he is entitled to correction of his
DD Form 214 to show the Combat Infantryman Badge.

3.  The available evidence shows he participated in one designated campaign during his service in the RVN.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service star.

4.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973 was cited for award of the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.  The applicant served in Vietnam during the qualifying period of service.  Therefore, his is entitled to correction of his DD Form 214 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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal;

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

* Army Commendation Medal with "V" Device
* Combat Infantryman Badge


* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100010115



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ABCMR Record of Proceedings (cont)                                         AR20100021002



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