IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003072 


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 previous request for award of the Combat Infantryman Badge.

2.  As a new issue, the applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Air Medal
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

3.  The applicant states that Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit was awarded the awards listed above.  He is also is providing pages from the 506th Infantry Regiment that shows the requirements for the Combat Infantryman Badge.  The Air Medal was listed on his DA Form 20 (Enlisted Qualification Record) but it was crossed off.

4.  The applicant provides:

* his DD Form 214
* two pages of his DA Form 20 
* three pages titled Decorations - 3rd Battalion, 506th Infantry Airborne/Airmobile
* a certificate
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 AR20110010302, on 8 November 2011.

2.  The applicant requested award of the Combat Infantryman Badge. 

	a.  This issue was addressed on 8 November 2011 in ABCMR Docket Number AR20110010302.  The Board denied his request for award of the Combat Infantryman Badge and determined his record did not contain sufficient evidence to show he was engaged in active ground combat with the enemy while assigned to his infantry unit in Vietnam. 

	b.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15a governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the original decision and it has not previously been reconsidered.  Such requests must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.

	c.  The staff of the ABCMR reviewed the applicant's request for reconsideration, examined the original ABCMR decision, and reviewed the evidence which he submitted in support of his previous and current application.  From that review, it was determined that, although his request was received within one year of the ABCMR's original decision, he did not provide new evidence and/or argument with this request.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The applicant's records show he was inducted into the Army of the United States on 11 April 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 3 September 1968 to 27 August 1969 while assigned to the 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division.

4.  He was honorably released from active duty on 10 April 1970 and transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no time lost.

5.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with "60" Device
* Army Commendation Medal 
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

9.  Item 41 of his DA Form 20 also contains an entry for the Air Medal; however, this entry was crossed out.  His records do not contain orders for the Air Medal.

10.  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, failed to reveal any orders for the Air Medal pertaining to the applicant.

11.  DA Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 506th Infantry Regiment was cited for award of the:

* Valorous Unit Award, for the period 31 January to 25 February 1968, by DA General Order (DAGO) 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, for the period 18 March 1968 through 31 May 1970, by DAGO Number 48, dated 1971

12.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The evidence of record shows he served honorably from 11 April 1968 through 10 April 1970.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar
(M-14) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

4.  With respect to the Air Medal, there is no evidence in his available records that shows he was awarded the Air Medal.  Although it was initially listed on his DA Form 20, this entry was later crossed off.  The governing Army regulation states that for personal decorations (which include the Air Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders there is insufficient evidence to correct his records to show the Air Medal.

5.  With respect to the Valorous Unit Award, he was not assigned to the unit during the period the unit was cited for this award.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.



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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 April 1968 through 10 April 1970; and

   b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 the Air Medal and the Valorous Unit Award.



      _______ _   __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)                                         AR20120003072





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ABCMR Record of Proceedings (cont)                                         AR20120003072



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