RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070018561 


	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:


Ms. Shirley L. Powell

Chairperson

Ms. Yolanda Maldonado

Member

Mr. Edward E. Montgomery

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 he served in combat for 11 months.  He did not notice the omission until he reviewed his records for a disability application.

3.  The applicant provides a DD Form 1351-2 (Travel Voucher or Subvoucher) and a Notification of Next of Kin Statement.

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 was inducted into the Army on 7 November 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to the 1st Battalion, 18th Infantry, 1st Infantry Division on 3 May 1967.

4.  Headquarters, 1st Infantry Division Special Orders Number 282, dated           9 October 1967, awarded the applicant the Combat Infantryman Badge.

5.  The applicant departed Vietnam on 16 April 1968 after being credited with participation in four campaigns.

6.  On 14 November 1968, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle bar, the National Defense Service Medal, and the 1st Class Gunner Badge (M-60 Machine Gun).

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, 18th Infantry, it was cited for award of the Valorous Unit Award for the period 6 October through 10 December 1967 by Department of the Army General Orders (DAGO) Number 32, dated 1973.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 18th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period   12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 18th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge.  This award should be added to his DD Form 214.

2.  The applicant was credited with participation in four campaigns.  His DD Form 214 should be amended to show he is eligible to wear four bronze service stars on his Vietnam Service Medal instead of the three bronze service stars now shown.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award, 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:

__slp___  __ym____  __eem___  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 Valorous Unit Award, 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 four bronze service stars on his already-awarded Vietnam Service Medal instead of the three bronze service stars now shown.




__Shirley L. Powell___
          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.