IN THE CASE OF:	  

		BOARD DATE:	       6 January 2009

		DOCKET NUMBER:  AR20080015723 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge

3.  The applicant provides a copy of Headquarters, 9th Infantry Division Special Orders Number 144, dated 24 May 1969, which awarded him the Combat Infantryman Badge.

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 on 11 July 1968.  He completed basic and advanced individual training as a light weapons infantryman and qualified as a sharpshooter with the M-14 and M-16 rifles and as an expert with the M-60 machinegun.  

3.  He served in Vietnam with D Company, 3rd Battalion, 39th Infantry Regiment from 4 May to 27 July 1969 and with B Company, 2nd Battalion, 39th Infantry Regiment from 28 July 1969 to 3 August 1969.  

4.  The applicant was awarded the Army Commendation Medal with "V" Device for heroism on 9 May 1969, the Combat Infantryman Badge on 24 May 1969, the Army Commendation Medal with 1st Oak Leaf Cluster on 26 May 1969, and the Air Medal on 16 July 1969.  He was advanced to specialist four, pay grade E-4 on 6 August 1969.

5.  The 2nd Battalion, 39th Infantry Regiment relocated to Hawaii on 4 August 1969 and was deactivated.  The applicant then served in various 25th Infantry Division units.  His military occupational specialty was changed to military policeman and he was promoted to pay grade E-5.  

6.  On 7 July 1970 the applicant was separated with an honorable characterization of service and transferred to the United States Army Reserve Control Group (Annual Training).  

7.  Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists: the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal with 1st Oak Leaf Cluster, Air Medal and Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  Appendix B of the regulation shows the named Vietnam campaigns periods for which a bronze service star is authorized. During the applicant’s tour in Vietnam he served during the following two campaign periods: the Tet 69 Counteroffensive, 1969 from 23 February - 8 June 1969; and the Vietnam Summer-Fall 1969 from 9 June - 31 October 1969.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 39th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from January through June 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from December 1966 through 28 June 1969.  Both were authorized by Department of the Army General Orders 59, 1969.
DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he was awarded the Combat Infantryman Badge and orders confirm his statement.

2.  Four of the six awards shown on the applicant's DD Form 214 are incorrectly or incompletely listed.  Several others were omitted.

3.  The applicant's authorized awards, in order of precedence, are the Air Medal, Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The above awards should be listed properly on his DD Form 214.

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 current entries in block 24 of his DD Form 214; and

   b. adding the Air Medal, Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with 
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) to block 24 of his DD Form 214.



      __________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)                                         AR20080015723



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ABCMR Record of Proceedings (cont)                                         AR20080015723



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