IN THE CASE OF:	  

		BOARD DATE:	      1 OCTOBER 2009

		DOCKET NUMBER:  AR20090000078 


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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement on 30 June 1988, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show the award of the Combat Infantryman Badge.

2.  The applicant essentially states that he was awarded the Combat Infantryman Badge during combat in Vietnam, but never noticed it was not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 in support of this application.

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's military records show that he enlisted in the Regular Army on 26 June 1968, and served on continuous active duty until he was retired on 30 June 1988 after attaining the rank and pay grade of master sergeant/E-8.  His overseas service included tours in Vietnam from 28 November 1968 to 8 November 1969 and from 16 September 1971 to 15 June 1972, Germany from 3 November 1970 to 5 August 1971, Korea from 18 April 1983 to 17 April 1984, and Puerto Rico from 10 June 1985 to 28 April 1988.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Meritorious Service Medal (2nd Award), the Army Good Conduct Medal (6th Award), the Army Service Ribbon, the Noncommissioned Officer Professional Development Ribbon (5th Award), the Overseas Service Ribbon (2nd Award), and the Army Achievement Medal (2nd Award).

3.  The applicant's DD Form 214 does not show that he was awarded the Combat Infantryman Badge, but letter orders, dated 13 April 1973, awarded the applicant the Combat Infantryman Badge under the provisions of paragraph 96a(1)a, Army Regulation 672-5-1 (Military Awards), as amended, for satisfactory performance of duty in ground combat in the Republic of Vietnam while assigned to Advisory Team 99, III Corps Advisory Group, during 1968-1969.  The applicant's Combat Infantryman Badge is also listed on a previously-issued DD Form 214 and his DA Form 2-1 (Personnel Qualification Record - Part II).

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served in Korea from 18 April 1983 to 17 April 1984, but his DD Form 214 does not show that he was awarded the Korea Defense Service Medal.

6.  The applicant's DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal with Device (1960), but he served in Vietnam from 28 November 1968 to 8 November 1969 and again from 16 September 1971 to 15 June 1972.

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 that at the time of the applicant’s assignment to Advisory Team 99, III Corps Advisory Group, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal with four bronze service stars to signify that he participated in four campaigns during his two tours in Vietnam.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and that a silver service star is worn in lieu of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns and shows that during the applicant's two tours in Vietnam, he participated in the Vietnam Counteroffensive Phase VI campaign, the Tet 69 Counteroffensive campaign, the Vietnam Summer-Fall 1969 campaign, the Vietnam Winter-Spring 1970 campaign, the Consolidation I campaign, the Consolidation II campaign, and the Vietnam Cease-Fire campaign.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  be wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  be participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as 1 day toward the 30- or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

10.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required that the individual provide direct combat support to the Republic of Vietnam and Armed Forces.

11.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Combat Infantryman Badge.

2.  The applicant's military records clearly show that he was awarded the Combat Infantryman Badge, but it is not listed on his DD Form 214.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the award of the Combat Infantryman Badge.

3.  The applicant served in Korea for more than 30 consecutive days during a qualifying period for award of the Korea Defense Service Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Korea Defense Service Medal.

4.  The applicant served more than 6 months in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960), but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Advisory Team 99, III Corps Advisory Group, while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Although the applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with four bronze service stars to signify that he participated in four campaigns during his two tours in Vietnam, he actually participated in seven campaigns during his two tours in Vietnam.  Therefore, he is entitled to correction of his military records to show one silver service star and two bronze service stars to be affixed to 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:

1. 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 Vietnam Service Medal with four bronze service stars from his DD Form 214; and

   b.  adding the Combat Infantryman Badge, the Korea Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with one silver service star and two bronze service stars to his DD Form 214.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War and throughout his military career are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090000078



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ABCMR Record of Proceedings (cont)                                         AR20090000078



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