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 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 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 applicants 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 applicants records contain orders awarding him the CIB. This should be added to his DD Form 214.
3. The applicants 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.
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