BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100021462
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).
2. The applicant states he was awarded the CIB while serving in Vietnam during the period March 1968 to February 1969.
3. The applicant provides a copy of a DA Form 1577 (Authorization for Issuance of Awards).
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 appointed as an officer in the Army of the United States on 7 March 1967. He entered active duty on 13 March 1967 and was honorably released from active duty on 16 February 1969.
3. Special Orders Number 212, issued by Headquarters, 1st Air Cavalry Division, dated 30 July 1968, awarded him the CIB.
4. His DA Form 66 (Officer Qualification Record) shows in:
* item 17 (Foreign Service) he served in Vietnam from 7 March 1968 to 13 February 1969
* item 18 (Record of Assignments) he was assigned for duty in Vietnam with Company A, 1st Battalion (Airmobile), 7th Cavalry, 1st Cavalry Division (Airmobile), from 12 March 1968 to 9 February 1969
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal [erroneously abbreviated as "NDMS"]
* Vietnam Campaign Medal
* Vietnam Service Medal (VSM)
* Bronze Star Medal
* Air Medal
* Purple Heart
* Republic of Vietnam Gallantry Cross with Silver Star
6. A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. His service in Vietnam coincides with the following campaigns:
* Tet Counteroffensive (30 January-1 April 1968)
* 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)
8. 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 unit to which the applicant was assigned was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 by Department of the Army General Orders (DAGO) 59, dated 1969, as amended by DAGO 70, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by DAGO 42, dated 1972
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.
DISCUSSION AND CONCLUSIONS:
1. Special orders awarded the applicant the CIB. He is entitled to correction of his DD Form 214 to show this award.
2. He was awarded the VSM. His records show he participated in four campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.
3. General orders confirm the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These awards are not shown in his record. 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 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 the VSM from item 24 of his DD Form 214 and
b. adding the following to item 24 of his DD Form 214:
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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) AR20100021462
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ABCMR Record of Proceedings (cont) AR20100021462
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