BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022763 


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 award of the Combat infantryman Badge, Air Medal, and Army Commendation Medal.  

2.  He states it was at the end of the Vietnam War and things were out of order.  

3.  He provides no additional documents.  

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 18 March 1970.  He completed the training requirements and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  He served in Vietnam from 21 August 1970 to 20 August 1971 and performed duties as a rifleman and automatic rifleman in MOS 11B.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 38 (Record of Assignments) – he was assigned to Company D, 2nd Battalion (Airmobile), 502nd Infantry Regiment from 1 February to 19 May 1971 and Headquarters and Headquarters Company, 101st Airborne Division (Airmobile) from 20 May to 16 August 1971.
   
   b.  Item 41 (Awards and Decorations) – doesn’t list the Combat Infantryman Badge, Air Medal, or Army Commendation Medal.

5.  His service record does not contain any flight records or orders for award of the Combat Infantryman Badge, Air Medal, or Army Commendation Medal.  

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, shows he was awarded the Army Commendation Medal for meritorious achievement from 1 February to 1 July 1971 by Headquarters, 101st Airborne Division (Airmobile), General Orders Number 9730, dated 5 October 1971.  

7.  ADCARS failed to reveal any orders for award of the Air Medal pertaining to the applicant.

8.  He was released from active duty on 23 November 1971 in the rank of SP4.  He completed 1 year and 8 months of active military service.  His DD Form 214 shows 6 days of lost time.  

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Vietnam Service Medal with two bronze service stars.  


10.  References:

	a.  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 pamphlet shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, 101st Airborne Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April to 31 August 1971 by Department of the Army General Orders 6, dated 1974.  

	b.  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.  

	c.  Army Regulation 600-8-22 states 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.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for 


which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed infantry training and he was awarded MOS 11B.  He was assigned to Company D, 2nd Battalion (Airmobile), 502nd Infantry Regiment, as a rifleman during his tour of duty in Vietnam.  However, his service record does not contain sufficient evidence that shows he was engaged in actual ground combat while assigned to an infantry unit in Vietnam.  Therefore, he has not met all the requirements for award of the Combat Infantryman Badge.  

2.  The applicant’s service record does not contain any flight records or orders for award of the Air Medal.  Therefore, there is insufficient evidence in which to award him the Air Medal.  

3.  While the available evidence is insufficient for awarding the applicant an Air Medal, this in no way affects his right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  General orders show he was awarded the Army Commendation Medal for meritorious achievement from 1 February to 1 July 1971.  Therefore, this award should be added to his DD Form 214.

5.  He was assigned to Headquarters and Headquarters Company, 101st Airborne Division when this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to 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 amending item 24 of his DD Form 214 by adding award of the Army Commendation Medal and Republic of Vietnam Gallantry Cross with Palm 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 award of the Combat Infantryman Badge and 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)                                         AR20100022763



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ABCMR Record of Proceedings (cont)                                         AR20100022763



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