IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080001820
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, in effect, that his separation document (DD Form 214) be corrected to include the Vietnam Service Medal (VSM) and Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that the VSM and CIB are not properly reflected in Item 24 (Decorations, Medals, Badges, Citations, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
3. The applicant provides no documentary evidence in support of his 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 applicants military records show he was inducted into the Army and entered active duty on 11 September 1970, and that he was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).
3. The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 13 July 1971 through 28 December 1971. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 1st Battalion, 7th Cavalry Regiment, performing duties in MOS 11B as an infantryman.
4. Item 41 (Awards and Decorations) of the applicants DA Form 20 shows he earned the National Defense Service Medal (NDSM), VSM, and CIB during his active duty tenure. The applicants record also contains Headquarters, 3rd Brigade, 1st Cavalry Division Special Orders Number 146, dated 8 September 1971, which awarded the applicant the CIB, effective 27 August 1971.
5. On 31 March 1972, the applicant was honorably separated, by reason of hardship, after completing a total of 1 year, 6 months and 14 days of creditable active military service and accruing 7 days of time lost. Item 24 of the DD Form 214 he was issued at the time lists only the NDSM as an earned award.
6. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-13 contains guidance on the VSM. It states, in pertinent part, that is authorized for service in the RVN between 4 July 1965 and 28 March 1973. It further indicates 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 contains a list of RVN campaigns. It shows that during the applicant's tenure of assignment, participation credit was granted for the Consolidation I and Consolidation II campaigns.
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicants unit (7th Cavalry Regiment) received the RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should have included the VSM and CIB was carefully considered and found to have merit.
2. The evidence of record confirms the applicant served in the RVN for more than five months, and that he was credited with participating in two campaigns. As a result, his record and separation document should be corrected to show his entitlement to the VSM with 2 bronze service stars and to the RVN Gallantry Cross with Palm Unit Citation.
3. The record also confirms that on 27 August 1971, the applicant was awarded the CIB by proper authority, as evidenced by an entry in Item 41 of his DA Form 20 and orders on file in his record. Therefore, it would also be appropriate to add the CIB to the list of awards contained in Item 24 of his DD Form 214.
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 amending Item 24 of his 31 March 1972 DD Form 214 by adding the Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Combat Infantryman Badge; and by providing him a correction to his separation document that includes these changes.
_ ___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) AR20080001820
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