IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100018384


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 his award of the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB was omitted from his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* his CIB orders

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 was inducted into the Army of the United States on
20 September 1967.  He was trained in and awarded military occupational specialty (MOS) 11H (Infantry Indirect Fire Crewman).

3.  The applicant served in Vietnam from 22 March 1968 to 21 April 1969 with:

* Company B, 1st Battalion, 505th Infantry from 2 April through
14 May 1968
* Headquarters and Headquarters Company (HHC), 3rd Brigade,
82nd Airborne Division from 15 May 1968 through 9 January 1969
* HHC, XXIV Corps, U.S. Army Pacific-Vietnam from 10 January 1960 to
21 April 1969

4.  Special Orders Number 179, issued by Headquarters, 3rd Brigade,
82nd Airborne Division, dated 12 September 1968, awarded the applicant the CIB.

5.  The applicant's records contain the following orders awarding him marksmanship qualification badges:

* Special Orders Number 314, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, dated 6 December 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Special Orders Number 013, issued by the same headquarters, dated
15 January 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant was honorably released from active duty on 23 April 1969.  He completed 1 year, 7 months, and 4 days of total active service.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Commendation Medal
* Army Commendation Medal with "V" Device
* Bronze Star Medal


7.  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 the units to which the applicant was assigned were cited for the 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 - 11 November 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March 1968 - 4 October 1968 by DAGO Number 48, dated 1971

8.  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 four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

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

3.  The applicant was awarded the Expert Marksmanship Qualification Badge for the M-16 rifle and the .45 caliber pistol.  Therefore, these qualification badges should be added to his DD Form 214.

4.  During his service in Vietnam, his units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected 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; and

	b.  adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber pistol)



      _________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)                                         AR20100018384



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ABCMR Record of Proceedings (cont)                                         AR20100018384



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