IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080008567 


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 the Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he lost a record of his being awarded the Silver Star.

3.  The applicant provides no additional evidence.

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 28 May 1968.  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 Company D, 3d Battalion, 12th Infantry, 4th Infantry Division, on 23 January 1969.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as an 11B rifleman.

4.  Headquarters, 4th Infantry Division, General Orders Number 7551, dated       4 December 1969, awarded the applicant the Silver Star for gallantry in action on 18 March 1969.

5.  Headquarters, 4th Infantry Division, General Orders Number 8021, dated      17 December 1969, awarded the applicant the Army Commendation Medal.

6.  The applicant departed Vietnam on 7 January 1970 after being credited with participation in four campaigns.

7.  The applicant was released from active duty on 8 January 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge (Rifle M-14), the Marksman Marksmanship Qualification Badge (Rifle M-16), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Army Good Conduct Medal, the Soldier’s Medal, and two overseas service bars.

8.  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.  

9.  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. 

10.  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 3d Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through      28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970.


11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 3d Battalion, 12th Infantry, it was cited for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by DAGO Number 52, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3d Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

13.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Silver Star and the Army Commendation Medal.  These awards should be added to his DD Form 214.

2.  There is no evidence of record to show the applicant was awarded the Combat Infantryman Badge.  However, he was an infantryman assigned to an infantry unit.  His award of the Silver Star shows that he actively participated in ground combat.  It appears he met the eligibility criteria for award of the Combat Infantryman Badge, and this award should be added to his DD Form 214.

3.  The applicant was credited with participation in four campaigns.  His DD Form 214 should be amended to show he is authorized to wear four bronze service stars on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period of time that unit was twice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and therefore is authorized to wear one of those awards.  Both awards should be listed on his DD Form 214.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This unit award should also be added to his DD Form 214.


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 his DD Form 214 to add the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, two awards of 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.




      _______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.



ABCMR Record of Proceedings (cont)                                         AR20080008567





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ABCMR Record of Proceedings (cont)                                         AR20080008567



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