IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110020657 


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 award of the Combat Infantryman Badge.

2.  The applicant states he received the badge for service in Vietnam; however, it was not recorded on his separation document when he was released from active duty (REFRAD).

3.  The applicant provides, in support of his request, a copy of his DD Form 214.

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 and entered active duty in the Army of the United States on 14 September 1966.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 4 October through 3 December 1967;

	b.  item 38 (Record of Assignments):  Company B, 1st Battalion, 6th Infantry, from 4 October through 13 November 1967;
	
   c.  item 39 (Campaigns):  Vietnam Counteroffensive Phase II; and

4.  Headquarters, Americal Division, Special Orders Number 191, dated
18 December 1967, awarded the applicant the Combat Infantryman Badge.

5.  A DD Form 214 shows the applicant entered active duty on 14 September 1966, was honorably REFRAD on 13 September 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

   a.  He completed 2 years of active service that included 1 month and 29 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:
   
* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal (listed as “VNSM”)
* Republic of Vietnam Campaign Medal with Device (1960)

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

7.  Headquarters, 2nd Armored Division, Fort Hood, Texas, Special Orders:

* Number 311, dated 7 November 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Number 18, dated 18 January 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar

8.  Headquarters, 198th Infantry Brigade (Light), Fort Hood, Texas, Special Orders Number 33, dated 22 August 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 evidence of record shows:

	a.  special orders awarded the applicant the:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar
   
   b.  the applicant qualified for award of the Vietnam Service Medal and he served in one campaign during his service in Vietnam.  Thus, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal; and

   c.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 "VNSM"; and
   
   b.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with 1 bronze service star
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar
* 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)                                         AR20110020657



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ABCMR Record of Proceedings (cont)                                         AR20110020657



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