IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100020128 


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 his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Combat Infantryman Badge (CIB) and all other awards for which he is eligible.

2.  The applicant states all awards he is eligible for should be added to his record and DD Form 214.

3.  The applicant provides no documentary evidence in support of his application.

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 record shows he was inducted into the Army of the United States on 1 July 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 17 December 1969 and MOS 76A (Supply Clerk) on 30 October 1970.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 30 January 1970 through 1 February 1971.  Item 38 (Record of Assignments) shows that during his RVN tour of duty he was assigned to Company B, 1st Battalion, 5th Cavalry Regiment, performing duties as a rifleman from 15 February 1970 through 5 November 1970 and to Company A and Headquarters and Headquarters Company, 15th Supply and Services Battalion, 1st Cavalry Division, performing duties in MOS 76A as a supply clerk and in MOS 71B (Clerk Typist) as a company clerk from 6 November 1970 through 28 January 1971.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 lists the CIB in the list of earned awards and his record contains Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 105, dated 15 April 1970, which awarded him the CIB.

5.  On 3 February 1971, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 1 year, 7 months, and 3 days of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards:

* National Defense Service Medal
* Army Good Conduct Medal
* Air Medal
* Vietnam Service Medal (VSM)
* Army Commendation Medal
* RVN Campaign Medal
* Bronze Star Medal

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) and Sanctuary Counteroffensive (1 May 1970-30 June 1970) campaigns.

7.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on the RVN Campaign Medal and states it is awarded with a Device (1960).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's units (1st Battalion, 5th Cavalry Regiment, and/or 15th Supply and Services Battalion) were awarded the following awards for the periods indicated in the Department of the Army general orders (DAGO) identified:

* Valorous Unit Award, 1 May 1970-29 June 1970, DAGO Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation, May 1969-February 1970, DAGO Number 11, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation, 1 January 1970-1 February 1970, DAGO Number 42, dated 1972
* Meritorious Unit Commendation, 1 January 1971-31 December 1971, DAGO Number 43, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB and all awards for which he is eligible should be added to his DD Form 214 was carefully considered and was found to have merit.

2.  The applicant's DA Form 20 includes the CIB in the awards listed in item 41 and his record contains 1st Cavalry Division Special Orders, dated 15 April 1970, which awarded him the CIB.  Therefore, it would be appropriate to add this badge to his DD Form 214.

3.  The evidence of record shows that the applicant is eligible for the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two bronze service stars with his VSM, and the Device (1960) with his RVN Campaign Medal.  Therefore, it would also be appropriate to add these awards to his record and 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 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 amending item 24 of his DD Form 214 by deleting the VSM and Vietnam Campaign Medal entries and replacing them with the VSM with two bronze service stars and RVN Campaign Medal with Device (1960) and by adding the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and CIB.



      _______ _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)                                         AR20100020128



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ABCMR Record of Proceedings (cont)                                         AR20100020128



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