IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100015940
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 Combat Infantryman Badge (CIB) and all other awards he is entitled to receive.
2. He states he believes an error was made by excluding the award of the CIB and all authorized medals, citations, and ribbons from his DD Form 214.
3. He provides a copy of his 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 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 17 June 1969. After completion of basic combat and advanced individual training, he was awarded military occupational specialty 11E (Armor Crewman). He served in Vietnam from 15 November 1969 to 16 July 1970 and was assigned to Troop L, 3rd Squadron, 11th Armored Cavalry Regiment. He was honorably released from active duty on 9 March 1972.
3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained wounds on 10 March 1970 and 17 June 1970.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Bronze Star Medal with "V" Device
* Purple Heart
5. Permanent Orders 323-16, dated 19 November 2003, awarded him the Purple Heart (First Oak Leaf Cluster) [indicating 2nd Award] for wounds received as a result of hostile action on 17 June 1970.
6. Permanent Orders 323-17, dated 19 November 2003, awarded him the CIB for satisfactory performance of duty while under hostile fire on 10 March 1970.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 11th Armored Cavalry Regiment, to which the applicant was assigned, was cited for the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 50, dated 1971.
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states 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, participation credit was awarded for the following three campaigns:
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970-30 June 1971)
DISCUSSION AND CONCLUSIONS:
1. Orders verify the applicant is entitled to correction of his records to show awards of the Purple Heart (First Oak Leaf Cluster) and the CIB.
2. The evidence of record also shows his unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, he is entitled to correction of his records to show these unit awards.
3. Additionally, the evidence shows he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show three 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 the evidence presented is 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 the Purple Heart and
b. adding to item 24 of his DD Form 214 the Purple Heart (First Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars, the
Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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) AR20100015940
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ABCMR Record of Proceedings (cont) AR20100015940
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