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ARMY | BCMR | CY2003 | 2003091788C070212
Original file (2003091788C070212.rtf) Auto-classification: Approved
RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2004
         DOCKET NUMBER: AR2003091788

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Klaus P. Schumann Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Allen L. Raub Member
Mr. William D. Powers Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, correction of his separation document (DD Form 214) to show the award of the Combat Infantryman Badge (CIB).

2. The applicant states, in effect, that the omission of the CIB from his separation document was an oversight and he now wants it to be added to his record.

3. The applicant provides, in support of his application, a copy of his separation document, effective 21 Apr 1972, and an authorization for issuance of award
(DA Form 1577), dated 18 March 2002.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 21 April 1972. The application submitted in this case is dated 14 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records show that he received a Reserve Officer Training Corps (ROTC) commission, as an infantry officer, on 7 June 1970 and entered active duty on 22 October 1970. Upon completion of the infantry officer basic course on 13 January 1971, he was reassigned to Fort Hood, Texas. Subsequently, he was reassigned to the Republic of Vietnam (RVN), where he served from 8 September 1971 through 14 April 1972. He was honorably separated from active duty on 21 April 1972.

4. The applicant's separation document shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960 device, Bronze Star Medal and one Overseas Bar.

5. The applicant's records do not show the award of the Combat Infantryman Badge.

6. The applicant's officer qualification record (DA From 66) shows in Item 18 (Record of Assignments) that he was assigned as a platoon leader with an infantry company in the RVN for the period 8 September 1971 through 22 December 1971.

7. The applicant's military records contain an officer efficiency report (DA Form 67-6) which confirms in Part V(a) (Principal Duty) that he was assigned to a duty position which required him to "engage in counter-insurgency combat operations" against an armed enemy.

8. The applicant's records contain an authorization for issuance of awards
(DA Form 1577), dated 18 March 2002, which shows he was issued the Combat Infantryman Badge for his service in RVN.

9. The applicant's service personnel records do not reflect an entitlement to the RVN Gallantry Cross with Palm Unit Citation. However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards received during the Vietnam War. This publication shows that during his assignment tenure, the applicant’s unit (A Company, 1st Battalion, 22nd Infantry) was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10. Army Regulation 600-8-22 (Military Awards) contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must hold an infantry specialty and be satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

11. Paragraph 2-13 contains guidance on award of the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 of the awards regulation contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Consolidation I 1971, Consolidation II
1971-1972, and Vietnam Cease-Fire 1972-1973 campaigns.

DISCUSSION AND CONCLUSIONS:

1. The applicant's military record confirms he held an infantry specialty and served and participated in combat action in the RVN with a qualifying infantry unit. Therefore, he is entitled to award of the CIB and correction of his records to reflect this award.

2. The evidence also confirms that based on his service and campaign participation in the RVN, he is entitled to RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his Vietnam Service Medal. Therefore, his records should be corrected to shows these awards.

BOARD VOTE:

_AR___ __WDP__ __MKP___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with his Vietnam Service Medal; and by providing him a corrected separation document that includes this award.




                  Margaret K. Patterson
                  CHAIRPERSON




INDEX

CASE ID AR
SUFFIX
RECON
DATE BOARDED 2004/01/15
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1972/04/21
DISCHARGE AUTHORITY AR635-100
DISCHARGE REASON Chapter 3
BOARD DECISION Grant
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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