IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090007405 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge, the “V” Device for his already shown Bronze Star Medal, and all other awards to which he may be entitled.

2.  The applicant states the corrections are merited.

3.  The applicant provides:

	a.  Special Orders Number 213, Headquarters, 1st Infantry Division, Vietnam, dated 31 July 1968, awarding the Combat Infantryman Badge; and

	b.  a copy of his Bronze Star Medal Certificate showing it was awarded for heroism.

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 served as an Army of the United States (AUS) infantryman from 14 February 1967 to 30 August 1969.

3.  The applicant served in Vietnam from on or about 6 July 1968 to on or about 25 August 1969 with Company D, 2nd Battalion, 16th Infantry, 1st Infantry Division.

4.  General Orders Number 6109, Headquarters, 1st Infantry Division, Vietnam, dated 28 June 1969, awarded the applicant the Bronze Star Medal with “V” Device for heroism on 15 May 1969.

5.  The applicant’s DD Form 214 shows:

	a.  AUS service from 14 February 1967 to 30 August 1969;

	b.  the Bronze Star Medal, Air Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal; and

6.  Army Regulation (AR) 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.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal;

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size;  

	c.  Award of a bronze service star, based on qualifying service, is authorized for each campaign listed in this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  During the applicant’s service in Vietnam, there were 4 campaigns.

7.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order Number 32, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 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 Combat Infantryman Badge, the “V” Device on his Bronze Star Medal, and any other awards to which he may be entitled.

2.  Special Orders Number 213, Headquarters, 1st Infantry Division, Vietnam, dated 31 July 1968, awarded the applicant the Combat Infantryman Badge.  It should be added to his DD Form 214.

3.  General Orders Number 6109, Headquarters, 1st Infantry Division, Vietnam, dated 28 June 1969, awarded the applicant the Bronze Star Medal with “V” Device for heroism on 15 May 1969.  Only the Bronze Star Medal is shown on his DD Form 214; the “V” Device should be added.

4.  During the applicant’s tenure with the 16th Infantry, the unit 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.  These foreign unit awards should be shown on his DD Form 214.

5.  The applicant participated in 4 campaigns and is entitled to wear 4 bronze service stars on his already-awarded Vietnam Service Medal.  

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 Bronze Star Medal and the Vietnam Service Medal from his DD Form 214; and

	b.  adding the Bronze Star Medal with “V” Device, the Vietnam Service Medal with 4 bronze service stars, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 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)                                         AR20090007405



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ABCMR Record of Proceedings (cont)                                         AR20090007405



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