IN THE CASE OF:	  

		BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100013421 


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 (CIB).

2.  The applicant states his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Combat Infantryman Badge but it was not included on his DD Form 214.  This is to assist him with Department of Veterans Affairs (DVA) benefits.

3.  The applicant provides copies of his DD Form 214, DA Form 20, and
DD Form 4 (Enlistment Contract - Armed Forces of the United States).

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 enlisted in the Regular Army on 30 January 1970 for a period of 2 years.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  He served in Vietnam with the 4th Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade from 26 January 1971 through 8 May 1971 and with Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade from 9 May 1971 through 24 August 1971.

4.  The applicant's DA Form 20 provides the following information:

	a.  item 33 (Appointments and Reductions) shows he was promoted to the rank/grade of sergeant (SGT)/E-5 on 22 September 1970;

	b.  item 39 (Campaigns) shows he participated in an unnamed campaign (during the Vietnam conflict); and

	c.  item 41 (Awards and Decorations) shows award of the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* CIB (by the authority of Special Orders Number 90, issued by Headquarters, 173rd Airborne Brigade, dated 31 March 1971)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  The applicant was honorably released from active duty on 27 December 1971 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of separation for good and sufficient reason when determined by secretarial authority.  His DD Form 214 issued at the time shows he completed 1 year, 10 months, and 2 days of total active duty with 26 days of time lost during the period 4 November - 29 November 1971.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or /Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)


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 that while the applicant was assigned to the 4th Battalion, 503rd Infantry Regiment, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 15 April 1969 - 16 March 1971 by Department of the Army General Orders (DAGO) Number 5, dated 1973.

7.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and subordinate nits for the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following two campaigns:

* Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the CIB by Special Orders Number 90, dated 31 March 1971.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served during two campaign periods in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Additionally, Headquarters, U.S. Army, Vietnam and subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.  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 one bronze service star; and

	b.   adding to item 24 of his DD Form 214 the Vietnam Service Medal with two 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)                                         AR20100013421



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ABCMR Record of Proceedings (cont)                                         AR20100013421



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