IN THE CASE OF:	  

		BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019091 


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 the Combat Infantryman Badge.

2.  The applicant states he believes this award was overlooked on his DD Form 214 as it is clearly listed on his DA Form 66 (Officer Qualification Record).

3.  The applicant provides copies of his DA Form 66 and orders for the Bronze Star Medal with "V" Device.

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.  After completing a Reserve Officers' Training Corps (ROTC) program the applicant was commissioned as a Regular Army Military Intelligence officer on
9 February 1965.

3.  His DA Form 66 shows in:

	a.  item 18 (Record of Assignments) he served with the Military Assistance Command – Vietnam (MACV) in the Republic of Vietnam (RVN) as an advisor to the 5th Division, Costal Zone III, from 18 April 1968 to 9 April 1969;

	b.  item 21 (Awards and Decorations) the:

* Basic Missileman Badge
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge (Authority:  Special Orders Number 15, MACV, 15 January 1969)
* RVN Gallantry Cross with Bronze Star
* Bronze Star Medal with "V" Device
* two Overseas Service Bars

	c.  item 23 (Qualification in Arms) he qualified sharpshooter with the
.45 caliber pistol

4.  The applicant's Official Military Personnel File (OMPF) contains a:

* Military Assistance Command Adjutant General (MACAG) Form Letter 20, issued by Headquarters, U.S. MAC, Vietnam, dated 1 February 1969, authorizing the applicant to accept and wear an individual award of the RVN Gallantry Cross with Bronze Star
* General Orders Number 586, issued by the same headquarters, dated
10 February 1969, awarding him the Bronze Star Medal with "V" Device for heroism in action in RVN on 29 November 1968 
* General Orders Number 1608, issued by the same headquarters, dated
3 April 1969, awarding him the Bronze Star Medal with first oak leaf cluster for meritorious service from April 1968 to April 1969
* MACAG Form Letter 20, issued by the same headquarters, dated 6 July 1969, authorizing the applicant to accept and wear a second individual award of the RVN Gallantry Cross with Bronze Star


* MACAG Form Letter 20, issued by the same headquarters, dated
20 January 1970, authorizing the applicant to accept and wear an individual award of the RVN Gallantry Cross with Gold Star

5.  On 9 April 1969, the applicant departed the RVN en route to the transfer station at Oakland, CA for separation processing.  On 11 April 1969, the applicant was honorably discharged in the rank of captain (CPT).  He completed 4 years, 2 months, and 3 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Basic Missileman Badge
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Bronze Star
* Bronze Star Medal with "V" Device
* two overseas service bars

6.  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 MACV Headquarters and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 four campaigns:

* 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)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  Item 21 of the applicant's DA Form 66 shows he was awarded the Combat Infantryman Badge by Special Orders Number 5, issued by Headquarters, MACV 


dated 15 January 1969.  Although a copy of the orders are not available for review, it is presumed that a copy of the orders was made available at the time the entry was made on the applicant's DA Form 66.  Therefore, his DD Form 214 should be corrected to show the Combat Infantryman Badge.

2.  He was awarded the Bronze Star Medal with "V" Device for heroism and a subsequent award of the Bronze Star Medal for meritorious service.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal
(2nd Award) and with "V" Device.

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

4.  The applicant was awarded and authorized to accept and wear one award of the RVN Gallantry Cross with Gold Star and two awards of the RVN Gallantry Cross with Bronze Stars.  Therefore, his DD Form 214 should be corrected to show the RVN Gallantry Cross with One Gold and Two Bronze Stars.

5.  His unit in the RVN was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant qualified sharpshooter with the .45 caliber pistol.  Therefore, his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

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 Bronze Star Medal with "V" Device, Vietnam Service Medal, and the Vietnam Gallantry Cross with Bronze Star, and

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

* Bronze Star Medal (2nd Award) and with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with One Gold and Two Bronze Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)



      ___________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)                                         AR20110019091



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ABCMR Record of Proceedings (cont)                                         AR20110019091



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