IN THE CASE OF:	  

		BOARD DATE:	  16 October 2008

		DOCKET NUMBER:  AR20080012307 


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 Combat Infantryman Badge (CIB) be added to his record and separation document (DD Form 214).   

2.  The applicant states, in effect, that the CIB he earned is not reflected on his DD Forms 214.  

3.  The applicant provides no additional documentary evidence in support of his application. 

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's record shows that enlisted in the Regular Army and entered active duty on 4 October 1966.  His Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 5 December 1967 through 4 July 1969, and again from 15 February 1971 through 17 January 1972. 

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his first RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 101st Airborne Division, performing duties in military occupational specialty (MOS) 11B (Infantryman) as an automatic rifleman from 24 September 1967 through 6 April 1968; and to Company A, 2nd Battalion, 502nd Infantry Regiment, performing duties in MOS 11B as a squad leader and instructor from 7 April 1968 through  12 June 1969.  

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded in action in the RVN on 31 December 1967, when he received gunshot wounds to his right foot, left thigh and buttocks; and again on 1 June 1968, when he received fragment wounds to his right eye lid.  

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains a 3rd Brigade, 101st Airborne Division Certificate, dated 12 January 1968, which awarded the applicant the CIB for his active participation in infantry operations against an armed enemy of the United States.  It also contains orders that awarded him the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 1 June 1968, while serving with Company A, 2nd Battalion, 502nd Infantry Regiment.  It also contains orders awarding him the Bronze Star Medal (BSM) for meritorious service in the RVN during the period 1 January through 31 August 1968.  

6.  On 8 August 1969, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 9 months, and 1 day of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM) with bronze service star; RVN Campaign Medal with Device 60; Parachutist Badge; and Army Commendation Medal (ARCOM).  

7.  On 10 February 1971, the applicant reenlisted and reentered active duty.  He served for 2 years, 9 months, and 9 days until being honorably discharged for the purpose of immediate reenlistment on 20 November 1973.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  NDSM; VSM; RVNCM with 60 Device; Parachutist Badge; ARCOM; PH; BSM; AM; and CIB.  
8.  On 20 November 1973, he reenlisted and remained on active duty until 15 December 1975, at which time he was honorably retired, in the rank of staff sergeant (SSG), by reason of physical disability.  Item 26 of his final DD Form 214 shows he earned the following awards:  NDSM; ARCOM; BSM; Air Medal (AM); PH 1st Oak Leaf Cluster (2nd Award); Army Good Conduct Medal (AGCM); VSM with 2 silver service stars; RVN Campaign Medal with 60 Device; RVN Gallantry Cross with Palm Unit Citation; Parachutist Badge; and Recruiter Badge.  

9.  A National Personnel Records Center (NPRC) Letter, dated 16 January 2006, verified the applicant's entitlement to the following awards:  BSM; PH 1st Oak Leaf Cluster (2nd Award); AM; ARCOM; AGCM; NDSM; VSM with 2 silver service stars; CIB; RVN Campaign Medal with Device 1960; Parachutist Badge; Army Recruiter Badge; and Expert Marksmanship Qualification Badge with Automatic Rifle Bar.  

10.  Army Regulation 635-5 prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains preparation instructions for the DD Form 214 and states, in pertinent part, that all awards earned during military service will be entered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB should be included on his DD Forms 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant earned the CIB while serving in the RVN, as evidenced by the CIB certificate on file in his MPRJ, which is supported by entries on his 
DA Form 20.  

2.  Although the CIB is in fact included in the list of awards contained on the applicant's 20 November 1973 DD Form 214, it is not contained in the list of awards on his final 15 December 1975 DD Form 214.  Therefore, it would be appropriate to add the CIB and all awards earned by the applicant during his military service to the list of awards contained on his final separation document at this time.  


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 by amending Item 26 of his final 15 December 1975 DD Form 214 by deleting the current list of awards and replacing with the entry "National Defense Service Medal, Bronze Star Medal, Purple Heart 1st Oak Leaf Cluster (2nd Award), 
Air Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 2 silver service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Parachutist Badge, Army Recruiter Badge, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and 5 Overseas Service Bars; and by providing him with a correction to his separation document that includes this change.  




      _______ _x   _______   ___
               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)                                         AR20080012307



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ABCMR Record of Proceedings (cont)                                         AR20080012307


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