BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090006107
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 award of the following: Combat Infantryman Badge (CIB); Air Assault Badge; Presidential Unit Citation (PUC); Valorous Unit Award (VUA); Republic of Vietnam Gallantry Cross w/Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class.
2. The applicant states that he was awarded the PUC for heroic actions at Pleiku Province in 1965. Additionally, he was awarded the VUA for combat action during operation Fish Hook in Vietnam and the Air Assault Badge was awarded for the first night time air assault.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and CIB orders.
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 applicants military records are not available to the ABCMR for review. An exhaustive search was undertaken to locate the applicant's military records which are necessary for the processing of his application. Unfortunately, his records could not be located. However, based on a copy of the applicant's DD Form 214 and the orders awarding him the CIB, the ABCMR was able to conduct a fair and impartial review of his request.
3. Records available to the Board show that the applicant enlisted into the Regular Army and entered active duty on 30 January 1963. The applicants DD Form 214 lists his last duty assignment as Company A, 1st Battalion, 8th Cavalry, 1st Cavalry Division, Republic of Vietnam. He was honorably released from active duty on 28 January 1966.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge (Pistol .45 Caliber), Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge (Rifle). It does not show award of the CIB or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
5. Headquarters, 1st Cavalry Division, Special Orders 128, dated 6 November 1965, awarded the applicant the CIB.
6. The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units which served in the Vietnam War. The pamphlet provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam, by Department of the Army General Order Number 8, dated 1974.
7. Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Air Assault Badge was approved by the Chief of Staff on 18 January 1978, for Army-wide wear by individuals who successfully completed Air Assault training after 1 April 1974.
DISCUSSION AND CONCLUSIONS:
1. Headquarters, 1st Cavalry Division, Special Orders 128 awarded the applicant the CIB. Therefore, his records should be corrected to show this award.
2. The award of the Air Assault Badge was not established until 1974, eight years after the applicant was discharged from the Army. Therefore, he is not entitled to this award.
3. Evidence of record shows that the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation as verified by his award of the Vietnam Service Medal. However, without evidence to verify his unit of assignment during his tour in Vietnam, there is an insufficient basis to award him the PUC, VUA, and the Republic of Vietnam Civil Actions Honor Medal, First Class.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x___ ____x____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to the CIB and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Air Assault Badge, PUC, VUA, and the Republic of Vietnam Civil Actions Honor Medal, First Class.
_______ _ __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) AR20090006107
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090006107
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110020704
There is no evidence the applicant received the first award of the Army Good Conduct Medal. There are no orders for the Air Medal in the available records. There are no orders for the Air Medal in the available records.
ARMY | BCMR | CY2006 | 20060005177C070205
The available evidence shows that the applicant was awarded the GCMDL on 1 February 1969, and that he participated in four campaigns in Vietnam and thus is authorized to wear four bronze service stars on his already- awarded VSM. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2014 | 20140001345
He had served 1 year, 6 months, and 9 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, Vietnam Service Medal, and Vietnam Campaign Medal. The applicant served in three campaigns in Vietnam and he is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal and have them added to his DD Form 214. Therefore, his DD Form 214 should be corrected to show these unit awards.
ARMY | BCMR | CY2010 | 20100027655
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show, in effect, he: a. completed the Infantry Leaders Course Phase I and II; b. was authorized award of the Purple Heart (PH), Combat Infantryman Badge (CIB), Air Medal (AM), Bronze Star Medal (BSM), and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation; and c....
ARMY | BCMR | CY2014 | 20140021309
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing: * his last unit of assignment as Company C, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division * his duty military occupational specialty (DMOS) as 11B1O (Infantryman Indirect Fireman) * his unit awards include the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Meritorious Unit Commendation (MUC) * award of the Combat Infantryman Badge...
ARMY | BCMR | CY2009 | 20090013922
The applicant's OMPF also contains Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 124, dated 2 November 1965, which awarded several members of the unit the Combat Infantryman Badge (CIB) and several other members the CMB. The evidence further shows that as a result of an administrative error, the CIB instead of the CMB was entered in item 26 of the applicant's DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2002 | 2002081194C070215
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add medals for his service in Korea, the Army Good Conduct Medal, the "ACM" (presumably the Army Commendation Medal), the Vietnam Campaign Medal with device 1960, the Vietnam Service Medal with one or two bronze service stars, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Vietnam of Gallantry Cross...
ARMY | BCMR | CY2012 | 20120011791
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards of the Combat Infantryman Badge (CIB), Vietnam Service Medal with one silver service star, the Sharpshooter Marksmanship Qualification Badge with machinegun bar, Valorous Unit Award (VUA), Presidential Unit Citation (PUC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. While the applicants records show that he was assigned to a...
ARMY | BCMR | CY2010 | 20100016811
Application for correction of military records (with supporting documents provided, if any). Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by Department of the Army General Orders 42 dated 1972; and b. 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 his DD...
ARMY | BCMR | CY2010 | 20100028538
The applicant requests correction of his record to show he was awarded the Combat Infantryman Badge (CIB). His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) he was credited with service in Vietnam from 19 May 1969 through 16 July 1970; b. item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), in duty MOS 11B from 23 May to 19 June 1969 and from 9 August 1969 to...