BOARD DATE: 5 August 2010
DOCKET NUMBER: AR20100000870
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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states it was just an oversight.
3. The applicant provides:
* page 3 of a Department of Veterans Affairs letter which states his service records show he received the Combat Infantryman Badge
* 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 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 applicant was inducted into the Army of the United States on 8 June 1967. He arrived in Vietnam on 2 November 1967. He served as a light weapons infantryman assigned to Company D, 87th Infantry in Vietnam from
5 November 1967 through 31 October 1968. He was further attached to the 284th Military Police Company as a light weapons infantryman from 1 November 1968 through 12 January 1969. On 14 January 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.
4. Headquarters, 95th Military Police Battalion, Special Orders Number 237, dated 5 September 1968, awarded the applicant the Combat Infantryman Badge.
5. Army Regulation 600-8-22 (Military Awards), 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. A silver service star will be worn instead of five bronze service stars. Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
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 Company D, 87th Infantry was awarded the Meritorious Unit Commendation for the period 1 January 1967 - 31 December 1967 by Department of the Army General Orders (DAGO) 64, dated 1968. This unit was also cited for a second award of the Meritorious Unit Commendation for the period 1 January 1968 - 31 December 1968 by DAGO 39, dated 1970.
7. Army Regulation 600-8-22, paragraph 7-7 (Unit award emblems) states an individual unit award emblem is authorized for wear on the uniform for the Meritorious Unit Commendation. An Oak Leaf Cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.
8. DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Combat Infantryman Badge. Therefore, his DD Form 214 should be corrected to show this badge.
2. The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star. Therefore, his DD Form 214 should be corrected to show this award.
3. The applicant's unit was cited for two awards of the Meritorious Unit Commendation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show the Meritorious Unit Commendation with one oak leaf cluster.
4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.
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; and
b. adding to item 24 of his DD Form 214 the Combat Infantryman Badge, Vietnam Service Medal with one silver service star, Meritorious Unit Commendation with one oak leaf cluster, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
__________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) AR20100000870
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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