IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080006935
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, as the spouse of the deceased former service member (FSM), requests correction of her late husband's records to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that the FSM served as an infantryman in Vietnam. He was awarded the Air Medal with 1st Oak Leaf Cluster and should have been awarded Combat Infantryman Badge.
3. The applicant provides the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 8 May 1970; a Certificate of Death from the State of Kentucky, dated 25 March 2008; and a Marriage License from the State of Kentucky, dated 17 August 1963.
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 FSM was inducted into the Army on 9 May 1968 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The FSM arrived in Vietnam and was assigned to C Company, 1st Battalion, 28th Infantry, 1st Infantry Division on or about 22 November 1968.
4. Headquarters, 1st Infantry Division Special Orders Numbers 88, dated
31 March 1969, show that the FSM was awarded the Combat Infantryman Badge.
5. The FSM departed Vietnam in 29 November 1969 after being credited with participating in four campaigns.
6. The FSM was honorably released from active duty on 8 May.
7. The FSM's 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 Purple Heart, two Overseas Service Bars, the Air Medal with 1st Oak Leaf Cluster, the Expert Marksmanship Qualification Badge (M-14 Rifle), the Marksman Marksmanship Qualification Badge (M-16 Rifle), and the Marksman Marksmanship Qualification Badge (M-60 Machine Gun).
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the FSMs assignment to the 1st Battalion, 28th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.
9. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
10. Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Records show that the FSM was awarded the Combat Infantryman Badge.
2. The FSM was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. All units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His participation in four campaigns makes him eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these awards.
BOARD VOTE:
__xx____ ____xx__ ___xx___ 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 the FSM's DD Form 214 to add the Combat Infantryman Badge, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
_______ xxxx_______ ___
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.
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