Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080015357
Original file (20080015357.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080015357


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the CIB on 23 October 1969, but it is not shown on his DD Form 214.

3.  The applicant provides no additional evidence.

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 was inducted into the Army of the United States and served as an infantryman.  He served on active duty from 3 December 1968 through 21 July 1970.  He served in Vietnam from 3 June 1969 to 20 July 1970 with Company A, 1st Battalion, 26th Infantry, 1st Infantry Division.

3.  The applicant’s DD Form 214 shows he was awarded the Army Commendation Medal (ARCOM), the Air Medal (AM), the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal (VCM).  It does not show the CIB.

4.  Special Orders Number 296, Headquarters (HQ), 1st Infantry Division, Vietnam, dated 23 October 1969, awarded the applicant the CIB.

5.  The applicant was awarded two ARCOMs.  General Orders Number 2567, HQ, 1st Infantry Division, Vietnam, dated 21 February 1970, awarded him the ARCOM for meritorious achievement.  General Orders Number 3135, HQ, 1st Infantry Division, Vietnam, dated 10 July 1970, awarded him the ARCOM with Oak Leaf Cluster for meritorious achievement.

6.  The applicant was awarded three AMs.  General Orders Number 2599, HQ, 1st Infantry Division, Vietnam, dated 21 February 1970, awarded him the AM for meritorious achievement while participating in aerial flight.  General Orders Number 2644, HQ, 1st Infantry Division, Vietnam, dated 22 February 1970, awarded him the AM (2nd Award).  General Orders Number 4080, HQ, 1st Infantry Division, Vietnam, dated 14 March 1970, awarded him the AM (3rd Award).

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides a bronze service star, based on qualifying service, is awarded 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.  A silver service star denotes five campaigns.  During the applicant's service in Vietnam, there were five campaigns – TET 69 Counteroffensive (23 February 1969 – 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); DA Sanctuary Counteroffensive(1 May 1970 – 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).



8.  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 unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his CIB.

2.  The applicant’s records contain orders awarding him the CIB.  This should be added to his DD Form 214.

3.  The applicant’s DD Form 214 contains other award-related errors which should be corrected.  It should reflect the ARCOM with Oak Leaf Cluster, the AM (3rd Award), and the VSM with silver service star.

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:

	a.  deleting the ARCOM, AM, and VSM; and 

	b.  adding the ARCOM with Oak Leaf Cluster, AM (3rd Award), VSM with silver service star, and CIB.



															XXX
      _______ _   _______   ___
               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)                                         AR20080015357





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015357



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110019345

    Original file (20110019345.txt) Auto-classification: Approved

    It shows that during the applicant's tenure of assignment in the RVN, his unit, 3rd Battalion, 39th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army GO (DAGO) 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968-28 June 1969 by DAGO 43, dated 1970. In this case, the evidence of record clearly shows the applicant was assigned to...

  • ARMY | BCMR | CY2008 | 20080008289

    Original file (20080008289.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the Combat Infantryman Badge (CIB); Bronze Star Medal (BSM), 1st Oak Leaf Cluster (2nd Award); and all other unit awards to which he is entitled be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214). As a result, the Board recommends that all Department...

  • ARMY | BCMR | CY2011 | 20110016029

    Original file (20110016029.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her husband, a deceased former service member (FSM), to show the Silver Star, Air Medal (AM) with 22 Oak Leaf Clusters, and Army Commendation Medal (ARCOM) with "V" Device. In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 17...

  • ARMY | BCMR | CY2010 | 20100025269

    Original file (20100025269.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (OLC) and with "V" Device and the Combat Infantryman Badge (CIB). The applicant's DD Form 214 already shows the Vietnam Service Medal (VSM), but it does not reflect his service in four campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2007 | 20070011507C080407

    Original file (20070011507C080407.doc) Auto-classification: Approved

    The applicant's record contains an Office of The Adjutant General, United States Army Reserve Components Personnel and Administration Center (ARPERCEN) letter, dated 7 April 1980, which includes a DA Form 1577 (Authorization for Issuance of Awards) that indicates that the applicant was authorized and issued the following awards: AM with Numeral 2 (3rd Award); ARCOM; AGCM; Meritorious Unit Emblem; NDSM; VSM with 1 silver service star and 1 bronze service star; and RVN Campaign Medal with...

  • ARMY | BCMR | CY2011 | 20110002617

    Original file (20110002617.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by: a. deleting the current VSM and ARCOM entries and b. adding the Vietnam Service Medal with 4 bronze service stars, Army...

  • ARMY | BCMR | CY2011 | 20110011397

    Original file (20110011397.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) with oak leaf cluster (OLC) * Defense Meritorious Service Medal (DMSM) * Legion of Merit (LOM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal...

  • ARMY | BCMR | CY2010 | 20100020200

    Original file (20100020200.txt) Auto-classification: Approved

    The applicant requests his record be corrected by adding a third award of the Army Commendation Medal (ARCOM) and all unit awards due based on his service and campaign participation in the Republic of Vietnam (RVN). The applicant provides the following documents in support of his application: * self-authored statement * ARCOM Certificate, dated 12 February 1971 * ARCOM Citation * ARCOM Orders, dated 24 February 1971 * enlisted disability retirement letter orders, dated 3 August 1971 * DD...

  • ARMY | BCMR | CY2013 | 20130010272

    Original file (20130010272.txt) Auto-classification: Approved

    The applicant states that he earned the awards and completed the training, and the information should be recorded on his DD Form 214. d. Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 20 September 1967 through 7 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st...

  • ARMY | BCMR | CY2010 | 20100026974

    Original file (20100026974.txt) Auto-classification: Approved

    The applicant requests correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add: * Vietnam Service Medal (VSM) with bronze service stars * Vietnam Campaign Medal [Correctly known as the Republic of Vietnam (RVN) Campaign Medal with Device (1960)] * Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster [indicating 2nd Award] * Expert...