IN THE CASE OF:	  

		BOARD DATE:	        30 APRIL 2009

		DOCKET NUMBER:  AR20090001705 


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 to reflect his award of the Combat Infantryman Badge (CIB) and any other awards to which he may be entitled.

2.  The applicant states that he had an 11B1O military occupational specialty (MOS) and he was personally involved in firefights.

3.  The applicant provides a copy of his DD Form 214.

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 in Knoxville, Tennessee on 27 May 1968.  He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a light weapons infantryman at Fort Campbell, Kentucky before being transferred to Vietnam on 24 October 1968.  He was initially assigned to Company C, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division for duty as an assistant gunner.  He was awarded the CIB in Special Orders Number 23, published by Headquarters, 25th Infantry Division on 23 January 1969.

3.  On 29 January 1969, he was honorably discharged for the purpose of immediate reenlistment and on 30 January 1969, he reenlisted in Tay Ninh, South Vietnam for a period of 3 years and reclassification as a supply specialist.

4.  On 4 February 1969, he was transferred to the 125th Transportation Company for duty as a supply clerk and on 25 May 1969, he was transferred to the 567th Transportation Company for duty as a document clerk.

5.  He departed Vietnam on 15 November 1969 and was transferred to Fort Gordon, Georgia, where he served as a supply clerk until he was returned to Vietnam on 28 August 1970.  He was initially assigned to the 2nd Battalion, 20th Artillery Regiment and on 30 June 1971, he was transferred to the 79th Artillery Regiment.  Both unit were assigned to the 1st Cavalry Division.  He departed Vietnam on 28 August 1971 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on      29 August 1971 as an early overseas returnee.  He had served 3 years,              4 months and 2 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the Army Commendation Medal.

6.  A review of the applicant's records shows that he was also awarded the Expert Marksmanship Badge with rifle bar and the Sharpshooter Marksmanship Badge with rifle and machinegun bars.  His records also show that he participated in seven campaigns while in Vietnam.

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit (3d Battalion, 22d Infantry) was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in seven campaigns while assigned to Vietnam and is entitled to be awarded one silver and two bronze service stars for wear on his already-awarded VSM. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CIB through competent orders and thus is entitled to have that award added to his DD Form 214 at this time.

2.  The applicant was also awarded the Expert Marksmanship Badge with rifle bar and the Sharpshooter Marksmanship Badge with rifle and machinegun bars.  Accordingly, those awards should  also be added at this time.

3.  Additionally, the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he was assigned to the unit and he participated in seven campaigns.  Accordingly, those awards should be added his DD Form 214 and he should be awarded one silver and two bronze service stars for wear on his already-awarded VSM. 

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 showing that the applicant was awarded the CIB, the Expert Marksmanship Badge with rifle bar, the Sharpshooter Marksmanship Badge with rifle and machinegun bars, the RVNGC w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation and by awarding him one silver and two bronze service stars for wear on his already-awarded VSM.



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 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)                                         AR20090001705





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ABCMR Record of Proceedings (cont)                                         AR20090001705



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