IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080010864
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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and two additional bronze service stars to be affixed to his Vietnam Service Medal with two bronze service stars.
2. The applicant states that he has a DA Form 1577 (Authorization for Issuance of Awards), dated 18 September 1997, that indicates he was issued the Combat Infantryman Badge.
3. The applicant provides a DA Form 1577, dated 18 September 1997.
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 was inducted on 24 October 1967. He arrived in Vietnam on
2 April 1968. He served as a light weapons infantryman assigned to Company A, 2nd Battalion (Airborne), 505th Infantry in Vietnam from 19 April 1968 through
1 April 1969. On 21 November 1969, the applicant was released from active duty.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, two awards of the Overseas Service Bar, the Second Class Gunner (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bars as authorized awards.
4. Headquarters, 3rd Brigade, 82d Airborne Division Special Orders Number 123, dated 18 July 1968, show the applicant received the first award of the Combat Infantryman Badge.
5. Records show the applicant participated in four campaigns during his assignment in Vietnam.
6. 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 the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.
7. Department of the Army Pamphlet 672-3 also shows the applicant's unit
is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.
8. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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. Orders show the applicant received the Combat Infantryman Badge.
2. The applicants DD Form 214 shows the Vietnam Service Medal with two bronze service stars. However, he participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.
3. The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.
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:
a. deleting the entry, Vietnam Service Medal w/2 Bronze Stars in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and
b. adding the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214.
_______ 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) AR20080010864
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