IN THE CASE OF:	

		BOARD DATE:	14 April 2011

		DOCKET NUMBER:  20100025343


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. 

2.  The applicant states that he was awarded the Combat Infantryman Badge, but it is not listed on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and DA Form 2-1 (Personnel Qualification Record-Part II).

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 14 April 1968.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He later enlisted in the Regular Army.  Many of his early records, including his DD Form 214 and his DA Form 20 (Enlisted Qualification Record), are not available for review.

3.  His DA Form 2-1 shows in:

	a.  item 5 (Oversea Service) that he served in Vietnam from 11 September 1968 through 15 July 1969 and from 29 May 1970 through 5 January 1972;

	b.  item 9 (Awards, Decorations, and Campaigns) the:

* National Defense Service Medal
* Air Medal (2nd-14th Award)
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal [with Device (1960)]
* Purple Heart
* Bronze Star Medal (1st Oak Leaf Cluster)
* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal (3d Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive, Phase VI
* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

4.  The applicant's record does not contain the DA Form 2-1 or DA Form 20 that show his units of assignment while serving in Vietnam.  However, personal awards orders show he was assigned to:

* Co A, 3rd Battalion, 47th Infantry from September 1968 to July 1969
* Company D, 1st Battalion, 12th Cavalry from May 1970 to May 1971
* Co B, 229th Aviation Battalion from June 1971 to January 1972


5.  On 7 April 1983, he was honorably discharged at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.  He completed 7 years,
2 months, and 8 days of active service during this period.

6.  Item 13 (Decorations, Medals, Badges, Citations, Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Ribbon (5th Award)
* Bronze Star Medal
* Expert Infantryman Badge
* Army Commendation Medal
* Army Good Conduct Medal (4th Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Service Ribbon
* Air Medal (2nd-14th Award)

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

8.  Special Orders Number 7, issued by Headquarters, 9th Infantry Division, dated 7 January 1969, awarded the applicant the Combat Infantryman Badge.

9.  General Orders Number 8620, issued by Headquarters, 9th Infantry Division, dated 5 July 1969, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in Vietnam during the period September 1968 to July 1969.

10.  General Orders Number 2334, issued by Headquarters, 3d Brigade,
1st Cavalry Division, dated 28 November 1971, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in Vietnam for the period June 1971 to January 1972.

11.  Army Regulation 600-8-22 (Military Awards), 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.  A silver service star will be 


worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns:

* 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)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

12.  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 following units to which the applicant was assigned was cited the award(s) as specified:

	a.  3rd Battalion, 47th Infantry was cited for award of the:

* Meritorious Unit Commendation for the period 1 January through
31 December 1968 by Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO 31, dated 1969
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

	b.  1st Battalion, 12th Cavalry, 1st Calvary Division was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated in 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO
Number 42, dated 1972

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.


DISCUSSION AND CONCLUSIONS:

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

2.  General orders awarded him the Bronze Star Medal with First Oak Leaf Cluster and the Army Commendation Medal with First Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Records show he participated in eight campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  His units in Vietnam were cited for award of the Meritorious Unit Commendation, Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  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 13 of his DD Form 214 for the period ending 7 April 1983 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal


	b.  adding to item 13 of his DD Form 214 for the period ending 7 April 1983 the:

* Bronze Star Medal (2d Award)
* Army Commendation Medal (2nd Award) 
* Combat Infantryman Badge
* Vietnam Service Medal with one silver service star and three bronze service stars
* Meritorious Unit Commendation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2 Awards)
* 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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100025343	



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