IN THE CASE OF:	  

		BOARD DATE:	        07 APRIL 2009

		DOCKET NUMBER:  AR20090000767 


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 he be awarded the Combat Infantryman Badge.

2.  The applicant states that it is his belief that all other members of his unit in Vietnam received the Combat Infantryman Badge due to combat actions, but for some reason his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list this award. 

3.  The applicant provides his DD Form 214 and a letter, dated 17 November 2008, from the Yuba-Sutter County, California Veterans Service Office 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 21 November 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic), and was later awarded MOS 63C (Track Vehicle Mechanic).  He departed for the Republic of Vietnam on 16 June 1969, and after briefly serving as a student in the Americal Combat Center, he was assigned to Troop H, 17th Cavalry Regiment, 198th Infantry Brigade.  He was apparently awarded MOS 11D (Armor Reconnaissance Specialist) while in Vietnam.  He returned to the continental United States on 12 March 1970 and was assigned to the Medical Holding Company at Fort Ord, California.  In July 1970, he was reassigned to Fort Sill, Oklahoma.  He departed for a tour in Germany on 16 March 1971, and returned to the continental United States in December 1971 and was honorably released from active duty on 29 December 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Good Conduct Medal, Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar     (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

3.  The applicant's DD Form 214 does not show that he was awarded the Combat Infantryman Badge; however, he was awarded the Combat Infantryman Badge by Headquarters, Americal Division, Special Orders Number 263, dated 
20 September 1969.  These orders show that his MOS at the time was 11D.

4.  During a review of the applicant's military 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's DD Form 214 does not show that he was awarded the Bronze Star Medal; however, he was awarded the Bronze Star Medal by Headquarters, Americal Division, General Orders Number 5106, dated 31 May 1970, for meritorious service in connection with military operations against a hostile force.

6.  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 
Troop H, 17th Cavalry Regiment, 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 42, dated 1972.


7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of 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.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) and the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  Special orders awarded the applicant the Combat Infantryman Badge, but it is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Combat Infantryman Badge.

3.  General orders awarded the applicant the Bronze Star Medal, but it is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Bronze Star Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Troop H, 17th Cavalry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his military records to show this unit award.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his 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 from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board wants the applicant and all others to know that the sacrifices made by him in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable 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)                                         AR20090000767



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ABCMR Record of Proceedings (cont)                                         AR20090000767



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