IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012814 


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 Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the CIB and the Bronze Star Medal (BSM).

2.  The applicant states it is what he received.

3.  The applicant provides two newspaper clippings and general orders for the Army Commendation Medal (ARCOM) with "V" Device for valor.

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
31 December 1968 for a period of 2 years.  He was awarded the military occupational specialty (MOS) 11B (light weapons infantryman) and he served in Vietnam from 27 May 1969 to 27 March 1970 while assigned as a rifleman and automatic rifleman in Company A, 2d Battalion, 327th Infantry.  He was advanced to the rank/grade of specialist four (SP4)/E-4 during his period of service.

3.  While in Vietnam the applicant was awarded the ARCOM, ARCOM with "V" Device, and the BSM.  The applicant was awarded the BSM by General Orders Number 3675 issued by Headquarters, 101st Airborne Division (Airmobile), dated 1 April 1970, for meritorious service during the period 1 June 1969 to 31 March 1970.

4.  In the citation for the ARCOM with "V" Device it was stated that while the applicant was in Vietnam, he was the "team leader of a reaction force, which was sent to the assistance of an ambush team from his company that was engaged in a fire fight with an estimated squad size enemy force.  Moving through thick underbrush under conditions of limited visibility, he deployed his men into blocking positions.  After fire superiority was attained and the enemy was subdued, he organized and led his men on a sweep of the area, which resulted in the deaths of three enemy soldiers and the confiscation of three AK-47 assault rifles and one rocket propelled grenade launcher."

5.  He was honorably released from active duty on 10 December 1970 by reason of expiration of term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal with "V" Device, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, and the Army Commendation Medal with oak leaf cluster.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded the 

Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Order 48, dated 1971.

8.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 three campaigns:

* Tet 69 Counteroffensive (23 February 1969 through 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM by general orders.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  There is no evidence that the applicant was awarded the CIB.  However, he held a qualifying infantry MOS, he was assigned to an infantry unit, and he served with his unit that obviously engaged in active ground combat as evidenced by his ARCOM with "V" Device.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  Based on the applicant's assignment to Vietnam he is also entitled to 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show an additional bronze service star.

4.  His unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.


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 with 2 bronze service stars; and

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with 3 bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100012814



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ABCMR Record of Proceedings (cont)                                         AR20100012814



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