BOARD DATE:    24 January 2012

		DOCKET NUMBER:  AR20110014128 


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 (Certificate of Release or Discharge from Active Duty) to add the Combat Infantryman Badge (CIB).

2.  The applicant states his records identify this award as "CIB" and he believes the person who typed his DD Form 214 possibly overlooked it and the importance of what it stood for.

3.  The applicant provides copies of his DA Form 2-1 (Personnel Qualification Record – Part II), true copy reviewed by him on an unknown date (previously reviewed by him on 21 March 1983); DA Form 2-1, true copy prepared and reviewed by him on 27 May 1988 (previously reviewed by him on 5 November 1985); and DA Form 2A (Personnel Qualification Record – Part I), prepared on 1 March 1988.

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, a career enlisted Soldier, last entered active duty on 4 May 1974.  He trained and served as an infantryman and special operations senior sergeant.  He retired on 28 February 1989 as a sergeant major (SGM)/E-9.

3.  The applicant served in Vietnam from 6 May 1965 through 2 May 1966 and from 21 July 1968 through 20 July 1969.

4.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 28 February 1988 shows the Army Commendation Medal, two Overseas Service Ribbons, Army Good Conduct Medal (4th Award), Master Parachutist Badge, Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm, Noncommissioned Officer Professional Development Ribbon with Numeral 5, Vietnam Service Medal with five bronze service stars, Meritorious Unit Commendation, National Defense Service Medal, and Legion of Merit.

5.  A review of the applicant's military personnel records reveals that he is authorized additional awards that are not shown in item 13 of his DD Form 214.

	a.  He was awarded the CIB by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, Special Orders Number 18, dated 18 January 1969.

	b.  He was authorized to accept and wear the Republic of Vietnam Honorary Jump Wings by letter, Department of the Army Office of the Adjutant General, Washington, DC, dated 18 February 1972, subject:  Foreign Awards.

	c.  He was awarded the Army Good Conduct Medal (8th Award) for the period 20 September 1980 through 19 September 1983 by Permanent Orders 162-21, Headquarters XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, dated 6 October 1983,

	d.  He was awarded the Special Forces Tab by Permanent Orders 24-4, U.S. Army John F. Kennedy Special Warfare Center, Fort Bragg, NC, dated 6 February 1984.

	e.  He was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for the period 31 December 1980 through 31 October 1985 by Permanent Orders 54-9, Headquarters, 1st Reserve Officers' Training Corps Region, Fort Bragg, NC, dated 13 December 1985.

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and that one silver service star may be worn in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Defense Campaign – 8 March-24 December 1965
* Vietnam Counteroffensive – 25 December 1965-30 June 1966
* 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

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains orders showing he was awarded the Army Commendation Medal (2nd Award), Army Good Conduct Medal (8th Award), Combat Infantryman Badge, and Special Forces Tab.

2.  Records show the applicant participated in six campaign periods during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.

3.  He served during a qualifying period for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His record contains evidence he is authorized wear of the Republic of Vietnam Honorary Jump Wings.

5.  These awards should be recorded on his DD Form 214 for the period ending 28 February 1988.

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 following awards from item 13 of his DD Form 214 for the period ending 28 February 1988:

* Army Commendation Medal
* Army Good Conduct Medal (4th Award)
* Vietnam Service Medal with five bronze service stars

	b.  adding the following awards to item 13 of his DD Form 214 for the period ending 28 February 1988:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (8th Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Combat Infantryman Badge
* Special Forces Tab
* Republic of Vietnam Honorary Jump Wings
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110001009



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014128



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1