IN THE CASE OF:	 

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100016766 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his foreign service credit for Vietnam and all associated awards to include the Combat Infantryman Badge (CIB). 

2.  He states he was denied Department of Veterans Affairs benefits because his DD Form 214 does not show his combat service in Vietnam. 

3.  He provides the following documentation in support of his request:

* A copy of Special Orders Number 116, 1st Cavalry Division, dated 
   	25 October 1965, awarding him the CIB 
* 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.  His records show he enlisted in the Regular Army on 28 August 1962 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 19 October 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 5 months of overseas service and his last overseas service was in the U.S. Army Pacific Command (USARPAC).  Item 32 (Remarks) does not show an entry for foreign service in Vietnam. 

4.  A copy of his DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served a tour of duty in Germany from 11 January through 11 April 1964, a period of 3 months.  He also served a tour of duty in the Republic of Vietnam (RVN) from 17 August 1965 through 7 October 1965, a period of 1 month and 21 days.  Item 38 (Record of Assignments) shows he was assigned to the 2nd Battalion, 7th Cavalry, 1st Cavalry Division during his tour in Vietnam.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following:

* Expert Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)

6.  He provided a copy of special orders which show he was awarded the CIB. 

7.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  One designated campaign coincides with the applicant's period of service in the RVN:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)

11.  Army Regulation 600-8-22 states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

12.  Department of the Army Pamphlet 672-3 does not list any unit awards for the 2nd Battalion, 7th Cavalry, 1st Cavalry Division during his period of service in Vietnam.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  His request for correction of his DD Form 214 to add his service in Vietnam and all related awards to include the CIB was carefully considered and was found to have merit.

2.  Special orders awarded him the CIB.  Therefore, it would be appropriate to amend his DD Form 214 by adding this individual award. 

3.  He was eligible for award of the Vietnam Service Medal which is not shown on his DD Form 214.  His records also show he participated in one campaign while serving in Vietnam.  He is entitled to the award of the Vietnam Service Medal with one bronze service star and to have this award added to his DD Form 214.  

4.  General orders awarded all units the RVN Gallantry Cross with Palm Unit Citation during his assignment in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  His record shows he served 1 month and 21 days in the RVN during the period 17 August 1965 through 7 October 1965.  Although the regulation governing preparation of the DD Form 214 at the time did not provide for entering service in Vietnam, later versions of the regulation did.  At this time it would be appropriate to enter this period of service on his DD Form 214.

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.  adding to item 26 of his DD Form 214:

* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, and









	b.  adding to item 32 of his DD Form 214 the entry, "Service in Vietnam during the period 17 August 1965 through 7 October 1965."




      _______ _   _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)                                         AR20100016766





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ABCMR Record of Proceedings (cont)                                         AR20100016766



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