IN THE CASE OF: BOARD DATE: 18 April 2013 DOCKET NUMBER: AR20120017176 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 * Expert Marksmanship Qualification Badge with Rifle Bar 2. The applicant states: * his records were destroyed in Vietnam * his social security number was entered incorrectly on his DD Form 214 and he had it corrected * evidently the orders for the requested badges were never entered into his personnel file 3. The applicant provides: * Combat Infantryman Badge Certificate * Special Order Number 65, Headquarters, 101st Airborne Division, dated 5 March 1968 * Weapons and Chemical, Biological, Radiological Qualification Certificate (CBR), dated 4 February 1967 * DD Form 214 * DD Form 215 (Correction to DD Form 214) 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 enlisted in the Regular Army on 21 February 1966. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was staff sergeant/E-6. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following: a.  Item 31 (Foreign Service), USAREUR (U.S. Army Europe), Germany, for the period 7 February 1967 to 23 September 1967 and USARPAC (U.S. Army Pacific), Vietnam, for the period 1 December 1967 to 25 November 1968. b.  Item 38 (Record of Assignments) shows Company D, 3rd Battalion (Airborne), 187th Infantry, 3 December 1967 to 23 November 1968. c.  Item 41 (Award and Decorations): * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal * Purple Heart * two Overseas Service Bars * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 4. Special Order Number 65, Headquarters, 101st Airborne Division, dated 5 March 1968, shows the applicant was awarded the Combat Infantryman Badge. 5. On 20 February 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Reinforcement). He completed 4 years of active military service. His DD Form 214 shows award of the following: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal with 3 bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Purple Heart * Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster * two Overseas Service Bars * American Campaign Medal * Air Medal with 1st Oak Leaf Cluster * Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster 6. The applicant provides a copy of his DD Form 214, DD Form 215, a certificate and special order awarding him the Combat Infantryman Badge, and a Weapons and CBR Qualification Certificate showing he scored expert on the M-16 on 25 May 1966. 7. A review of the applicant's records shows he is entitled to additional awards and decorations. 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. The applicant's record shows his service in Vietnam coincided with the following campaigns: * Vietnam Counteroffensive Phase III, 1 June 1967 to 29 January 1968 * Tet Counteroffensive, 30 January 1968 to 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April 1968 to 30 June 1968 * Vietnam Counteroffensive Phase V, 1 July 1968 to 1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968 to 22 February 1969 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned while in Vietnam was cited for the following unit awards by Department of the Army Orders (DAGO): * Presidential Unit Citation by DAGO Number 38, dated 1971, for the period 13 to 23 September 1968 * Valorous Unit Award by DAGO Number 22, dated 1976, for the period 16 to 22 March 1968 * Meritorious Unit Commendation by DAGO Number 22, dated 1976, for the period 14 March to 3 October 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 43, dated 1970, for the period 19 July 1968 to 14 May 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971, for the period 3 October 1968 to 2 May 1970 10. Army Regulation 600-8-22 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. 11. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. Award of marksmanship badges is not permanent. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired. 12. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It further states to list awards and decorations in priority sequence as specified in Army Regulation 600-8-22 and that each entry will be verified by the Soldier's record. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in Block 30 (Remarks), as follows: "Vietnam Service: From Date to Date." DISCUSSION AND CONCLUSIONS: 1. Special orders awarded the applicant the CIB; therefore, he is entitled to correction of his DD Form 214 to show this badge. 2. Qualification records show the applicant scored expert on the M-16; therefore, he is entitled to correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 3. He participated in five designated campaign phases during his service in Vietnam. Therefore, he is entitled to wear one silver service star on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star. 4. General orders awarded his unit the following during his tenure in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show these unit awards: * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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. amending his DD Form 214 to show Vietnam Service Medal with 1 silver service star; b. adding the following to his DD Form 214: * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * in Block 30, enter "Vietnam Service: 1 December 1967 to 25 November 1968" _______ _ __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) AR20120017176 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120017176 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1