RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070016926 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Jeanette R. McCants

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 the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that not all of his medals are on his DD Form 214.

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) and his 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’s available records are incomplete.  His DA Form 20 (Enlisted Qualification Record) and many orders are missing from his records.

3.  The applicant was inducted into the Army on 24 July 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant’s DD Form 214 shows he served in Vietnam from 1 May 1969 through 8 April 1970.  He was credited with participation in three campaigns.

5.  The applicant was released from active duty on 9 April 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, and the Bronze Star Medal.

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 4938, dated 3 April 1970, awarded the applicant the Army Commendation Medal with “V” Device for heroism in sustained combat operations from October 1969 to February 1970.  These orders show his unit as Company A, 1st Battalion (Airmobile), 5th Cavalry.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Battalion, 5th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by Department of the Army General Orders (DAGO) Number 11, dated 1973.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 5th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s complete service personnel records are not available.  However, the available evidence of record shows that he was an infantryman assigned to an infantry unit.  Based upon his awards of the Air Medal and the Army Commendation Medal with “V” Device, it is presumed that he performed infantry duties while in Vietnam.  Any reasonable doubt should be resolved in his favor.  Therefore, it would be equitable to add the Combat Infantryman Badge to his DD Form 214.

2.  The evidence of record shows that the applicant was awarded the Army Commendation Medal with “V” Device.  This award should be added to his DD Form 214.

3.  The applicant was credited with participation in three campaigns.  His DD Form 214 should be amended to show he is eligible to wear three bronze service stars on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

BOARD VOTE:

__jtm___  __lmd___  __jrm___  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 amending his DD Form 214 to add the Combat Infantryman Badge, the Army Commendation Medal with “V” Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.




	__John T. Meixell_____
          		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.