Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080006776
Original file (20080006776.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080006776 


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 correction of his records to show award of the Vietnam Service Medal, the Combat Infantryman Badge, and all awards and decorations he earned as a result of his military service from 1963 to 1966.  

2.  The applicant states, in effect, that his awards and decorations were left off due to an administrative oversight.      

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 8 July 1966, 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 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 records show he enlisted in the Regular Army for a period of 3 years on 9 July 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 8 July 1966.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4 (Temporary). 

3.  The applicant’s records show he arrived in the Republic of Vietnam on 16 August 1965 and was assigned to Company C, 2nd Battalion, 5th Cavalry, 1st Cavalry Division.  His Vietnam tour was interrupted when he departed Vietnam on 8 January 1966 on emergency leave and was subsequently assigned to the 28th Artillery Group in Selfridge, Michigan.    

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214 dated 21 September 1965, shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Vietnam Service Medal and/or the Combat Infantryman Badge.  

5.  Headquarters, 1st Cavalry Division, Special Orders Number 120, dated 29 October 1965, show the applicant was awarded the Combat Infantryman Badge.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

7.  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 Company C, 2nd Battalion, 5th Cavalry, was cited for award of the Presidential Unit Citation, from 23 October 1965 to 26 November 1965, based on Department of the Army General Order Number 40, dated 1967; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 9 August 1965 to 19 May 1969, based on Department of the Army General Order Number 59, dated 1969.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign, 8 March 1965 to 24 December 1965; and the Vietnam Counteroffensive Campaign, 25 December 1965 to 30 June 1966, during his tour of duty in the Republic of Vietnam.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders awarded the applicant the Combat Infantryman Badge, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

2.  The evidence of record shows that the applicant served a qualifying period for award of the Vietnam Service Medal.  Furthermore, the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with two bronze service stars.  

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Presidential Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.  

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 


showing award of the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation.


															XXX
      ______________________
               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)                                         AR20080006776



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006776



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110010682

    Original file (20110010682.txt) Auto-classification: Approved

    He returned to his unit on 11 March 1966 for duty as a door gunner until he departed Vietnam on 18 August 1966. b. in item 41 (Awards and Decorations) that he was awarded or authorized the Vietnam Service Medal, Purple Heart, Air Medal (1st Oak Leaf Cluster), Air Crewman Badge [Aircraft Crew Member Badge], National Defense Service Medal, and Republic of Vietnam Campaign Medal. Records show the applicant participated in three campaign periods during his service in Vietnam. As a result, the...

  • ARMY | BCMR | CY2008 | 20080014398

    Original file (20080014398.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Parachutist Badge. General Orders awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam which is not shown on his records; therefore,...

  • ARMY | BCMR | CY2009 | 20090017971

    Original file (20090017971.txt) Auto-classification: Approved

    The applicant's military personnel records do not contain any orders or other evidence showing award of the Combat Infantryman Badge. However, the evidence shows the applicant was awarded MOS 11B, he served as an infantryman in duty MOS 11B while assigned to an infantry company, and he was cited for heroism in military operations against a hostile force in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2009 | 20090019160

    Original file (20090019160.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 31 July 1966 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and the Purple Heart. There are no orders for the Combat Infantryman Badge or the Purple Heart in the applicant’s service personnel records. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member...

  • ARMY | BCMR | CY2009 | 20090014339

    Original file (20090014339.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 20 January 2010 DOCKET NUMBER: AR20090014339 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. ...

  • ARMY | BCMR | CY2003 | 2003084992C070212

    Original file (2003084992C070212.rtf) Auto-classification: Approved

    There are no orders in the applicant's service personnel records awarding him either the Good Conduct Medal or the Combat Infantryman Badge. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit to which the applicant was assigned during his tour in Vietnam, D Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division, was cited for award of the Presidential Unit Citation...

  • ARMY | BCMR | CY2015 | 20150002743

    Original file (20150002743.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 June...

  • ARMY | BCMR | CY2011 | 20110005369

    Original file (20110005369.txt) Auto-classification: Approved

    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. General orders clearly show the applicant was awarded the Air Medal and the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting all...

  • ARMY | BCMR | CY2011 | 20110017472

    Original file (20110017472.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Combat Infantryman Badge, Army Good Conduct Medal, "Southeast Asia Service Medal," Presidential Unit Citation, and any other awards to which he is entitled. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty...

  • ARMY | BCMR | CY2011 | 20110017941

    Original file (20110017941.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with 2 bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar. Records show the applicant participated in three campaign periods during his service in Vietnam. As a result, the Board...