IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080002684 


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, correction of his military records to show award of the Combat Infantryman Badge and to show his active duty service from 31 August 1966 to 5 June 1968.

2.  The applicant states, in effect, that he only has his last Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) which does not show his award of the Combat Infantryman Badge.  

3.  The applicant provides a partial copy of his Personnel Qualification Record (DA Form 2-1).  

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.  At the time of his application, the applicant, a sergeant first class, pay grade E-7, was a retired member of the United States Army Reserve.  

3.  On 31 August 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  On 16 March 1967, the applicant was assigned for duty as a rifleman with the 1st Battalion, 18th Infantry Regiment, 1st Infantry Division, in the Republic of Vietnam.

5.  Special Orders Number 158, 1st Infantry Division, dated 7 June 1967, awarded the applicant the Combat Infantryman Badge.

6.  On 2 March 1968, the applicant returned to the United States for duty at Fort Bragg, North Carolina.  

7.  On 5 June 1968, the applicant was discharged.  He reenlisted effective 6 June 1968.  His DD Form 214 for the period from 31 August 1966 through 5 June 1968 (1 year, 9 months, and 6 days) is not in his records and is not available for review.

8.  On 11 July 1968, the applicant was assigned to Fort Belvoir, Virginia, for training in MOS 62B (Engineer Equipment Repairman).  He was subsequently assigned for duty with the 12th Engineer Battalion in the Federal Republic of Germany. 

9.  On 24 August 1970, the applicant was reassigned for duty as a motor sergeant with the 14th Engineer Battalion, in the Republic of Vietnam.  He returned to the United States on 4 August 1971 for duty as an instructor at Fort Leonard Wood, Missouri.

10.  On 5 June 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E-5 and had completed a total of 
5 years, 9 months and 6 days of creditable active duty.

11.  Item 22 (Statement of Service) of the applicant’s DD Form 214 effective 
5 June 1972, shows that he had 1 year, 9 months, and 6 days of other service.  


12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal, [Army] Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with "1960-"Device, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Combat Infantryman Badge. 

13.  Review of the applicant's records indicates eligibility for additional awards and decorations that are not shown on his DD Form 214.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase VII; and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 18th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 32, dated 1973, for award of the Valorous Unit Award; in DAGO Number 21, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served a period of active duty from 31 August 1966 to 5 June 1968.  Since his DD Form 214 is no longer available for this period of service he should be issued an appropriate document showing that he was a member of the Army of the United States.

2.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

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:

	a.  issuing him an appropriate document showing that he served in the Army of the United States during the period from 31 August 1966 through 5 June 1968; 

      b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214 effective 5 June 1972; and

      
      
      
      
      
      
      c.  showing, that in addition to the awards shown on his DD Form 214  effective 5 June 1972, that his awards include the Combat Infantryman Badge, Valorous Unit Award, Vietnam Service Medal with a silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.



	_________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080002684



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