IN THE CASE OF:	

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080012158 


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) for the period ending 16 February 1972 to show award of the Combat Infantryman Badge.

2.  The applicant states that he was formally awarded the Combat Infantryman Badge and would like his records to be as complete as possible.

3.  The applicant provides no additional documentation in support of this case.

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 enlisted in the Regular Army on 10 September 1959 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 111.00 (Light Weapons Infantryman).

3.  The applicant was honorably discharged on 4 November 1962 and immediately reenlisted on 5 November 1962.  His DD Form 214 for the period ending 4 November 1962 shows he was awarded the Marksman Marksmanship Qualification Badge (Rifle), the Second Class Gunner Badge (Light Machinegun) [now known as the Marksman Marksmanship Qualification Badge], the Marksman Marksmanship Qualification Badge (Browning Automatic Rifle), the Parachutist Badge, and the Army Good Conduct Medal (1st Award).

4.  The applicant was honorably discharged on 8 December 1965 and immediately reenlisted on 9 December 1965.

5.  The applicant arrived in Vietnam and was assigned to the C Company, 5th Special Forces Group (Airborne), 1st Special Forces, on or about 30 May 1967.

6.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders Number 1928, dated 28 October 1968, shows that the applicant was awarded Army Commendation Medal with "V" Device for heroism.

7.  The applicant departed Vietnam on 23 June 1969 after participating in five campaigns.

8.  The applicant was honorably discharged on 8 November 1968 and immediately reenlisted on 9 November 1968.  His DD Form 214 for the period ending 8 November 1968 shows he was awarded the Senior Parachutist Badge, the Army Good Conduct Medal (2d Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Republic of Vietnam Parachutist Badge.

9.  On 16 February 1972, the applicant was discharged with a general under honorable conditions discharge in pay grade E-5.  His DD Form 214 for the period ending 16 February 1972 shows he was awarded the Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, the Army Commendation Medal, and the Purple Heart.

10.  Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214.  The version in effect at that time stated, in pertinent part, enter in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) all decorations, service medals, campaign credits, and badges awarded or authorized.

11.  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 5th Special Forces Group, 1st Special Forces, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 through 17 May 1969 based on Headquarters, Department of the Army, General Orders Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 5th Special Forces Group, 1st Special Forces, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 through 24 September 1970 based on Headquarters, Department of the Army, General Orders Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 5th Special Forces Group, 1st Special Forces, it was cited for award of the Presidential Unit Citation for the period 1 November 1966 through 31 January 1968 based on Headquarters, Department of the Army, General Orders Number 48, dated 1968.

14.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 5th Special Forces Group, 1st Special Forces, it was cited for award of the Meritorious Unit Commendation for the period 31 January 1968 through 31 December 1968 based on Headquarters, Department of the Army, General Orders Number 70, dated 1969.

15.  Army Regulation 600-8-22 (Military Awards) 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 to include the Vietnam Service Medal.  A silver star is worn instead of five bronze stars.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 
16 February 1972 should show award of the Combat Infantryman Badge.  Evidence of record shows while he served with the 1st Special Forces he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal (2d Award), the Army Commendation Medal with "V" Device, the Senior Parachutist Badge, the Republic of Vietnam Parachutist Badge, the Marksman Marksmanship Qualification Badge (Rifle), the Marksman Marksmanship Qualification Badge (Light Machinegun), and the Marksman Marksmanship Qualification Badge (Browning Automatic Rifle).  The applicant's DD Form 214 for the period ending 16 February 1972 should be amended to add these awards.

2.  The applicant was assigned to a unit during the period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation, and the Meritorious Unit Commendation.  These awards should be listed on his DD Form 214.  His participation in five campaigns makes him eligible to wear a silver service star on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

3.  The applicant served in Vietnam from 30 May 1967 through 23 June 1969.  Therefore, he is eligible to wear four overseas service bars.  His DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

____X____  ____X____  __X______  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:

	a.  by deleting the entries "GOOD CONDUCT MEDAL," "TWO OVER SEAS BARS," and "ARMY COMMENDATION MEDAL" in item 24 of the applicant's DD Form 214 for the period ending 16 February 1972, and 

	b.  by amending item 24 of his DD Form 214 for the period ending 16 February 1972 to add the Combat Infantryman Badge, the Army Good Conduct Medal (2d Award), the Army Commendation Medal with "V" Device, the Senior Parachutist Badge, the Republic of Vietnam Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation, the Meritorious Unit Commendation, the Marksman Marksmanship Qualification Badge (Rifle), the Marksman Marksmanship Qualification Badge (Light Machinegun), the Marksman Marksmanship Qualification Badge (Browning Automatic Rifle), four overseas service bars, and a silver service star 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.

ABCMR Record of Proceedings (cont)                                         AR20080012158



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ABCMR Record of Proceedings (cont)                                         AR20080012158



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