IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100022647 


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:

The applicant defers to counsel. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  Counsel states the applicant received the CIB prior to his discharge but it was never entered on his DD Form 214.  The applicant states he served in the Republic of Vietnam (RVN) and he actively engaged the enemy in ground combat.  He further states he received the CIB prior to his discharge; however, he never received any orders and it was never documented in his DD Form 214.

3.  Counsel provides no additional documentation.

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.  On 4 November 1968, the applicant enlisted in the Regular Army.  He completed basic combat training and he was enrolled in the Officer Candidate School for training as an infantry officer.

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates that Special Orders Number 351, Fort Lewis, WA, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 29 October 1969, the applicant was discharged for the purpose of accepting a commission as an infantry officer.  He had attained the rank/grade of specialist five (SP5)/E-5, and he had completed 11 months and 26 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, for the period ending 29 October 1969, shows the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  On 30 October 1969, the applicant was appointed as a second lieutenant (2LT)/O-1, Infantry Corps, U.S. Army Reserve, with concurrent call to active duty.

7.  On 27 November 1970, the applicant was assigned as a platoon leader with Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry Regiment, located in the RVN.

8.  On 27 December 1970, the applicant was reassigned as a platoon leader with A Company, 2nd Battalion, 502nd Infantry Regiment.

9.  A DA Form 67-6 (U.S. Army Officer Efficiency Report) for the period 24 April to 18 August 1971 evaluated the applicant's performance of duty as an infantry platoon leader in an infantry company.  The applicant's rater stated that the applicant was a proven infantry leader in a combat environment as part of an airmobile division engaged in combat operations.


10.  On 19 August 1971, the applicant departed the RVN en route to Fort Lewis for separation processing.

11.  On 22 August 1971, the applicant was released from active duty.  He had attained the rank/grade of first lieutenant (1LT)/O-2 and had completed 1 year, 
9 months, and 23 days of creditable active service as a commissioned officer.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) his DD Form 214 for the period ending 22 August 1971 shows the:

* National Defense Service Medal
* RVN Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

13.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

14.  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 two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 502nd Infantry Regiment, during the time of the applicant's assignment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders Number 6, dated in 1974.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention, through his counsel, that his DD Form 214 should be corrected to show award of the CIB was carefully considered and found to have merit.

2.  The evidence of record clearly shows that the applicant was an infantry officer who had served with an infantry company in the RVN where he had engaged the enemy in combat as an infantry platoon leader.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Records show the applicant participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and to correct his DD Form 214 to show these bronze service stars.

4.  Records show the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  Records show the applicant qualified as a sharpshooter with the M-14 rifle.  Therefore his DD Form 214 should be corrected to show this marksmanship qualification badge.

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;


	b.  awarding him the Combat Infantryman Badge for actions during the period 24 April through 18 August 1971; and

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

* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20100022647



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ABCMR Record of Proceedings (cont)                                         AR20100022647



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