IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080009779
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending
20 November 1970 to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that when he was assigned to Fort Riley, Kansas, his military occupational specialty (MOS) was changed from 11B (Light Weapons Infantryman) to 64B (Heavy Vehicle Driver) due to a serious injury he received while serving in Vietnam. He states that he was awarded the Combat Infantryman Badge but it was omitted from his DD Form 214.
3. The applicant provides Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12223, dated 19 September 1969 that awarded him the Air Medal; and Headquarters, 1st Infantry Division (Mechanized), Fort Riley Special Orders Number 97, dated 20 July 1970 that advanced him from Private (PV2)/E-2 to Private First Class (PFC)/E-3 and withdrew his MOS 11B and awarded him MOS 64B.
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 applicant enlisted in the Regular Army on 5 February 1969 and successfully completed basic training and advanced individual training. He was awarded MOS 11B. The applicants MOS of 11B was later withdrawn and he was awarded MOS 64B.
3. The applicant arrived in Vietnam and was assigned to D Company, 1st Battalion (Airmobile), 327th Infantry, 101st Airborne Division on or about 5 July 1969.
4. Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 248, dated 5 September 1969, shows that the applicant was awarded the Combat Infantryman Badge.
5. The applicant departed Vietnam on or about 25 January 1970 after being credited with participating in two campaigns.
6. The applicant was honorably released from active duty on 20 November 1970 after completing 1 year, 9 months, and 16 days of creditable active service.
7. The applicant'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 Air Medal, the Purple Heart, one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge (M-14), and the Marksman Marksmanship Qualification Badge with Machine Gun Bar.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicants assignment to the 1st Battalion, 327th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 8 March 1968 through 2 May 1970 based on Headquarters, Department of the Army General Orders Number 48, dated 1971.
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 applicant was awarded the Combat Infantryman Badge. This award should be added to his DD Form 214.
2. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add this award.
3. The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His participation in two campaigns makes him eligible to wear two bronze service stars to be worn on his already-awarded Vietnam Service Medal. 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 his DD Form 214 with the period ending 20 November 1970 to add the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be worn 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.
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