IN THE CASE OF:	 

		BOARD DATE:	  4 DECEMBER 2008

		DOCKET NUMBER:  AR20080014264


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to include the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other medals or ribbons to which he is entitled.

2.  The applicant states, in effect, that his military occupational specialty (MOS) was 11B, light weapons infantryman, and he engaged many times with the enemy.  He also states that he was assigned to the Reconnaissance Platoon, 2nd Battalion, 502nd Infantry, 101st Airborne Division, while serving in Vietnam.  He further states, in effect, that his personnel records should support his request.

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

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no statement or documentary evidence in support of the applicant's 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 military records show he was inducted into the Army of the United States in pay grade E-1 on 15 January 1968.  He completed basic combat and advanced individual training and was awarded MOS 11B.

3.  The applicant served in the Republic of Vietnam from 4 December 1968 to 13 March 1969 with Companies A and E, 2nd Battalion, 502nd Infantry, during two campaigns.

4.  The applicant's records contain Headquarters, 101st Airborne Division, Special Orders Number 35, dated 4 February 1969, awarding him the Combat Infantryman Badge.  This award is not shown on his DD Form 214.

5.  The applicant served in Korea from 13 March 1969 to 11 December 1969.

6.  The applicant was honorably released from active duty in pay grade E-5 on 11 December 1969 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

7.  Entries on the applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Armed Forces Expeditionary Medal (Korea), the Marksman Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 & M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.

9.  Department of the Army Pamphlet 672-3 shows the applicant’s unit, Company A, 2nd Battalion, 502 Infantry, 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 by Headquarters, Department of the Army, General Orders Number 48, dated 1971.

10.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Only one award of the Korea Defense Service Medal is authorized for any individual. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Combat Infantryman Badge on 4 February 1969; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The evidence also confirms that the applicant is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. These bronze service stars are also not shown on the applicant's DD Form 214.  It would be appropriate to add these bronze service stars to his DD Form 214.

3.  General orders also entitled the applicant’s unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show these unit awards.

4.  The evidence further shows the applicant completed a qualifying period of service in Korea from 13 March 1969 to 11 December 1969 for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to add this award to his record at this time.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.


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 showing award of the Combat Infantryman Badge; by awarding him two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Korea Defense Service Medal; by adding these to the list of awards contained on his DD Form 214, dated 11 December 1969; and by providing him a correction to his separation document that includes these awards.



      __________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)                                         AR20080014264



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ABCMR Record of Proceedings (cont)                                         AR20080014264



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