IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110023844 


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, reconsideration of his earlier request for award of the Combat Infantryman Badge.

2.  As a new issue, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and medals as well as the:

* Jungle Expert School
* Air Assault Badge

3.  The applicant states he was discharged during the Vietnam era and most military DD Forms 214 were incomplete at the time.

4.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 24 June 2003
* Letter from the National Personnel Record Center (NPRC), dated
26 January 2005
* General Orders Number 1020, issued by Headquarters, 101st Airborne Division, dated 2 February 1971
* General Orders Number 2583, issued by the same headquarters, dated 28 March 1971
* 
Permanent Orders 183-2, issued by the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center,
St. Louis, MO, dated 22 September 1983

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 AR20100010459, on 20 October 2010.

2.  The applicant provides a new argument that was not previously considered in that when he was discharged during the Vietnam era most DD Forms 214 were incomplete.  Therefore, his new argument warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 22 August 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

4.  He served in Vietnam from 13 April 1970 to 19 February 1971.  He was assigned to Company A, 1st Battalion (Airmobile), 506th Infantry.

5.  His DA Form 20 (Enlisted Qualification Record) does not show in item 17 (Civilian Education and Military Schools) completion of the Air Assault Course or the Jungle Expert School.

6.  His records do not contain official documentation, in the form of a memorandum, endorsement, certificate, order, or any other documentary evidence that shows he completed the Air Assault Course and the Jungle Expert School or was awarded the Air Assault Badge and/or the Combat Infantryman Badge.

7.  His record contains a Western Union Telefax, dated 24 May 1970, wherein his mother was informed that he had been slightly wounded in action in Vietnam on 23 May 1970 by a fragment while at an artillery firing position when the area came under attack by a hostile force.  He received a wound to his left thigh.

8.  His record also contains a message, date time group 242222Z May 70, that indicates the applicant was not seriously wounded on 23 May 1970 at 2000 hours.  He received a fragment wound to the left thigh during a hostile mortar attack at Fire Support Base.

9.  General Orders Number 10755, issued by headquarters, 101st Airborne Division, dated 10 September 1970, awarded him the Army Commendation Medal for meritorious achievement in Vietnam from 1 April 1970 to 31 August 1970.

10.  General Orders Number 1020, dated 2 February 1971, awarded him the Bronze Star Medal for service in Vietnam from 1 May 1970 to 31 January 1971.

11.  General Orders Number 2583, dated 28 March 1971, awarded him the Army Commendation Medal for service in Vietnam from 1 October 1970 to 28 February 1971.

12.  The applicant was honorably released from active duty on 2 September 1971 at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years of total active service.  The DD Form 214 he was issued, as amended by a DD Form 215, dated 24 June 2003, shows he was awarded the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  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.

15.  Department of the Army Pamphlet 672-3 further lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 506th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service for the period 3 October 1968 through 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

16.  Army Regulation 600-8-22 states the Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who had 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 Republic of Vietnam Regulation 672-1 (Awards and Decorations) provided 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.

17.  U.S. Army Vietnam Regulation 672-1 governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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 enlisted personnel who had 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.

18.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

19.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  The version of the regulation in effect at the time of his separation stated for item 25, enter the 

installation training courses (qualification courses) successfully completed by the Soldier during the period covered by the report.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal and two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  His unit in Vietnam was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show three bronze service stars.

4.  With respect to the Combat Infantryman Badge:

	a.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  The applicant held an infantry MOS and he was assigned to the
1st Battalion, 506th Infantry, during his period of service in Vietnam.  Additionally, he was awarded the Purple Heart for wounds received in action on 23 May 1970. However, the available evidence shows he was at an artillery firing position at Fire Support Base when he was injured.  There is insufficient evidence to show he performed infantry duties with a qualifying infantry unit when that unit was engaged in active ground combat and that he actively participated in such ground combat.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.

5.  With respect to the Air Assault Badge, there is no evidence in the applicant's records and he did not provide any evidence that shows he satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  With respect to the Jungle Expert School, there is no evidence of record and he provides none to show he completed this training course.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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 partial relief to the applicant’s requests.

2.  With respect to the Combat Infantryman Badge in his request for reconsideration, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100010459, dated 20 October 2010.

3.  With respect to the additional awards in his new issues request, 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 his DD Form 214 the Vietnam Service Medal with two bronze service stars, and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal (2nd Award) 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  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 awarding and/or adding to his DD Form 214 the:

* Air Assault Badge
* Jungle Expert School



      ____________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)                                         AR20110023844



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ABCMR Record of Proceedings (cont)                                         AR20110023844



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