IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130020829 


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 for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal.  He also requests award of the Combat Infantryman Badge.

2.  The applicant states he found a copy of the orders that awarded him the Air Medal which were missing from his record.  He adds that he failed to request award of the Combat Infantryman Badge in his initial application, but feels he is entitled to it based upon the fact that he was a combat infantryman serving in military occupational specialty 11B (Light Weapons Infantryman) at the time he was cut down by an AK47 (assault rifle) in combat.  This matter is of great importance to him as a disabled American veteran and it will enable him show his descendants that he served his country honorably in the Republic of Vietnam.

3.  The applicant provides:

* General Orders Number 10804, dated 20 June 1970
* General Orders Number 170, dated 19 June 1970
* 1st Cavalry Division (Airmobile) Vietnam Combat 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 AR20120020492 on 25 June 2013.

2.  The applicant provides new evidence in the form of general orders which were not previously considered and determined to be sufficient evidence upon which to base reconsideration 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 MOS 11B.

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

* Item 38 (Record of Assignments) he was assigned to:

*	567th Transportation Company, Vietnam – 26 January to 26 April 1970
*	15th Adjutant General Replacement Detachment, 1st Cavalry Division (Airmobile), Vietnam – 29 April to 12 May 1970
*	2d Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), Vietnam – 13 May to 21 June 1970
* 249th General Hospital, Japan in a patient status – 22 June 1970
* Charleston Naval Hospital, Charleston, SC in a patient status – 
22 June 1970

* Item 40 (Wounds) the entry fragment wound, right arm, right leg – 
18 June 1970

5.  His record is void of orders showing award of either the Air Medal or the Combat Infantryman Badge.

6.  On 20 August 1971, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 1 year, 11 months, and 29 days of total active service.  His DD Form 214 (as corrected by a DD Form 215 (Correction to DD Form 214), dated 31 July 2013) shows he was awarded or authorized the:

* National Defense Service Medal
* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar

7.  A 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 U.S. Army Human Resources Command, did reveal General Orders Number 10804 issued by Headquarters, 1st Cavalry Division (Airmobile) on 20 June 1970 which show he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from January to June 1970.

8.  The applicant provides General Orders Number 170 issued by Headquarters, 93d Evacuation Hospital on 19 June 1970 which show he was awarded the Purple Heart for wounds received in action on 18 June 1970 while assigned to Delta Company, 2d Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the Republic of Vietnam.  These orders were subsequently superseded by Department of the Army, Review Boards Agency, Arlington, VA, Permanent Orders 211, dated 30 July 2013, which awarded him the Purple Heart for wounds sustained in action on 18 June 1970.

9.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show he was awarded the Air Medal and the Combat Infantryman Badge were carefully considered and determined to have merit.

2.  General orders awarded the applicant the Air Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence clearly shows the applicant was an infantryman, assigned to a company-sized infantry unit who was awarded the Purple Heart for being wounded in action while serving in the Republic of Vietnam on 18 June 1970.  As such, the evidence clearly shows he participated in ground combat while 


assigned to a qualifying unit of brigade, regimental, or smaller size, while serving in a qualifying infantry specialty.  Therefore, it would be appropriate to award the applicant the Combat Infantryman Badge for participation in active ground combat against a hostile force on 18 June 1970 and to correct his DD Form 214 to reflect this badge.

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 AR20120020492, dated 25 June 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge for participation in active ground combat against a hostile force on 18 June 1970; and

	b.  adding the Air Medal and Combat Infantryman Badge to his DD Form 214.



      _______ _   _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)                                         AR20130020829



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ABCMR Record of Proceedings (cont)                                         AR20130020829



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