IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080017315
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 award of the Combat Infantryman Badge be included on his DD Form 214 (Armed Forces of the United States Report of Separation from Active Duty) with an effective date of 14 March 1972.
2. The applicant states he was an infantryman who served in the Republic of Vietnam and earned the Combat Infantryman Badge.
3. The applicant provides, in support of his application, copies of his DD Form 214, excerpts from his military personnel records, and excerpts from his service medical records.
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's military personnel records show he enlisted in the Regular Army on 24 August 1970 for a period of 2 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant was assigned to Company D, 1st Battalion (Airmobile), 502nd Infantry, in the Republic of Vietnam during the period from 16 March 1971 to 19 January 1972.
4. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 216, dated 4 August 1971, awarded the applicant the Combat Infantryman Badge effective 1 June 1971.
5. On 14 March 1972, the applicant was released from active duty by reason of "good and sufficient reason as determined by Secretarial authority." He had completed 1 year, 6 months, and 21 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he is authorized the National Defense Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971), the Consolidation I Campaign (1 July 1971 - 30 November 1971), and the Consolidation II Campaign (1 December 1971 - 29 March 1972).
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. This document shows that during the time of the applicants assignment to the 1st Battalion (Airmobile), 502nd Infantry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B. The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Combat Infantryman Badge effective 1 June 1971. Therefore, this award should be entered on his DD Form 214.
2. The applicant's military personnel records show he participated in three campaigns during his service in Vietnam. Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.
3. Based on the applicant's service with the 1st Battalion (Airmobile), 502nd Infantry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this award should be entered 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 amending item 13 of the his DD Form 214 to show he was awarded or authorized the Combat Infantryman Badge, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
___________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) AR20080017315
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ABCMR Record of Proceedings (cont) AR20080017315
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