IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007141 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the CIB for combat in the Republic of Vietnam by Headquarters, 1st Infantry Division, Special Orders Number 18.

3.  The applicant provides no additional documentary evidence 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 he enlisted in the Regular Army on 14 June 1966.  He was awarded the military occupational specialty (MOS) 11F (infantry operations and intelligence specialist).  The highest enlisted rank he attained while serving on active duty was specialist five/pay grade E-5.

3.  The applicant's military records show he accepted an appointment as a Reserve commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 on 9 May 1967 as an infantry officer.

4.  The applicant's DA Form 66 (Officer Qualification Record) shows he performed duties as a platoon leader and executive officer while assigned to Company B, 2d Battalion, 18th Infantry, 1st Infantry Division, during his tour of duty in the Republic of Vietnam from 27 December 1967 to 3 December 1968.

5.  The applicant's official military personnel file contains Special Orders Number 18, dated 18 January 1968, awarding him the CIB.

6.  The applicant was promoted to the ranks of first lieutenant and captain prior to being honorably retired on 31 August 1970 for disability and transferred to the U.S. Army Reserve Control Group (Retired).  He completed 4 years, 2 months, and 17 days of combined enlisted and commissioned active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 31 August 1970 shows he was awarded the Silver Star, Bronze Star Medal with first oak leaf cluster with "V" device, Purple Heart, Air Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant's DA Form 66 shows he qualified as expert with the M-14 rifle on 6 January 1967.

9.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his last DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.



* Vietnamese Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969; and 

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB.  As such, he is entitled to have this badge added to his last DD Form 214.

2.  The applicant's records show he was awarded the Vietnam Service Medal and that he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is authorized the Vietnam Service Medal with one silver service star and is entitled to have this added to his last DD Form 214.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his last DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The applicant's DA Form 66 shows he qualified as expert with the M-14 rifle.  As such, he is entitled to have the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar entered on his last DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.



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 the DD Form 214 for the period ending 31 August 1970 of the individual concerned be corrected by:

	a.  deleting from item 24 the Vietnam Service Medal and

	b.  adding the Combat Infantryman Badge, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.



      _____________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)                                         AR20100007141



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)