BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100000706 


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 award of the Silver Star and the Combat Infantryman Badge.

2.  The applicant states he was awarded the Silver Star and never received his Combat Infantryman Badge.  He lost his records and citations a few years ago but did find proof of his Silver Star in the Tropic Lightning News.

3.  The applicant provides a copy of a Tropic Lightning News article, dated 
16 June 1969.

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 records show he was inducted into the Army of the United States on 21 August 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  After being injured in the Republic of Vietnam, he was placed on the Temporary Disability Retired List (TDRL) on 29 August 1969 and he was subsequently permanently retired by reason of physical disability on 30 September 1973.

3.  He served in the Republic of Vietnam from 16 January to on or about 26 April 1969.  He was assigned to B Company, 1st Battalion, 27th Infantry, 25th Infantry Division, as a rifleman.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Purple Heart with oak leaf cluster.

5.  Headquarters, 25th Infantry Division, General Orders Number 6805, dated 
15 May 1969, show he was awarded the Silver Star for gallantry in action in the Republic of Vietnam on 12 April 1969.  The citation reads, in part, "[the applicant] began returning accurate and devastating fire upon the aggressors' positions.  Seeing a wounded man to his left front, [the applicant], with complete disregard for his own safety, maneuvered through the holocaust of machine gun fire to the position of his fallen comrade.  As [the applicant] was attempting to evacuate his comrade to a safe location, he was seriously wounded by the hostile fire."

6.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's assignment to the 2nd Battalion, 27th Infantry, his unit was awarded the following awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 30 September 1970, by Department of the Army General Orders DAGO) 5, dated 1973;

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970, by DAGO 51, dated 1971; and

	c.  Meritorious Unit Commendation for the period 1 November 1968 - 20 June 1970, by DAGO 51, dated 1971.

9.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase IV (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 corrected to show the award of the Silver Star and Combat Infantryman Badge was carefully considered and there is sufficient evidence to grant relief.

2.  General orders awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he was assigned to an infantry unit during his service in the Republic of Vietnam and his Silver Star narrative clearly shows he was personally present and under hostile fire while serving as a rifleman, in an infantry unit actively engaged in ground combat with the enemy.  Therefore, he is entitled to the award of the Combat Infantryman Badge for actions on 12 April 1969 and correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant’s unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear 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 from item 24 of his DD Form 214 the Vietnam Service Medal;
   
   b.  awarding him the Combat Infantryman Badge; and

   c.  adding to item 24 of his DD Form 214 the:

* Silver Star
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      __________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)                                         AR20100000706



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)