RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 November 2007
DOCKET NUMBER: AR20070008192
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.
Ms. Catherine C. Mitrano
Director
Mr. Rial D. Coleman
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Michael J. Flynn
Member
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Combat Infantryman Badge.
2. The applicant states, in effect that the above award was not placed on his DD Form 214.
3. The applicant provides no documentary evidence in support of this application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he was inducted into the Army of the United States on 4 September 1968. He completed basic combat training and advanced individual training. Upon completion of advanced individual training, he was awarded the military occupational specialty 11D (Armor reconnaissance specialist). The highest rank he attained while serving on active duty was specialist four/pay grade E-4. The applicant served a tour of duty in the Republic of Vietnam during the period of 4 March 1969 through 1 March 1970.
3. The applicant's record shows that he served in Troop B, 7th Squadron, 1st Air Cavalry Regiment of the 1st Aviation Brigade during his tour of duty in the Republic of Vietnam.
4. Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
6. Headquarters, United States Army Vietnam Special Orders Number 193, dated 13 July 1969, awarded the applicant the Combat Infantryman Badge.
7. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam. It shows the unit the applicant was assigned to while serving in the Republic of Vietnam, Troop B, 7th Squadron, 1st Air Cavalry Regiment of the 1st Aviation Brigade, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period of 15 December 1969 through 10 October 1970 by Department of the Army General Orders Number 52, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Combat Infantryman Badge was carefully considered and determined to be with merit.
2. Special Orders awarded the applicant the Combat Infantryman Badge. Therefore, the applicant is entitled to have his records corrected to show this award.
3. General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to have his records corrected to show this foreign unit award.
BOARD VOTE:
_KLW ___ __MJF___ _LMD__ 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 to show he was awarded the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_Kenneth L. Wright___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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