BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110021855 


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 amendment of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Air Medal (AM) and Combat Infantryman Badge (CIB).

2.  He states the AM and CIB were awarded to him in Vietnam; however, they were never added to his DD Form 214. 

3.  He provides:

* AM orders 
* AM award certificate
* a certificate for award of the CIB
* 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.  He was inducted into the Army on 4 February 1969.  After completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* item 31 (Foreign Service) - he served in the Republic of Vietnam (RVN) from 6 July 1969 to 5 July 1970
* item 38 (Record of Assignments) – he was assigned to both Headquarters and Headquarters Company and Company B, 1st Battalion (Ambulance), 506th Infantry, serving in MOS 11B as an automatic rifleman
* Item 41 (Awards and Decorations) – does not show the AM or CIB

4.  He provided a copy of Headquarters, 101st Airborne Division (Airmobile), General Orders Number 8826, dated 7 August 1970.  This order shows he was awarded the AM for the period 5 July to 5 November 1969. 

5.  The applicant also provided a certificate which shows he was awarded the CIB.  This certificate was signed by the commander (colonel (COL)/O-6) 3rd Brigade, 101st Airborne Division for the applicant's active participation in infantry operations against an armed enemy of the United States on 24 September 1969.  

6.  His record also shows he was awarded the Bronze Star Medal (BSM) for meritorious service in connection with ground operations against a hostile force from 1 August 1969 to 31 May 1970.

7.  On 3 February 1971, he was released from active duty after serving 2 years of honorable service.  His DD Form 214 shows he received the following awards:

* BSM
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal 
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* 2 overseas service bars

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment to  1st Battalion (Ambulance), 506th Infantry, his unit received the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

9.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Five designated campaigns coincide with the applicant's period of service: 

* Vietnam Summer-Fall 1969, 9 June 1969 -31 October 1969
* Vietnam Winter Spring 1970, 1 November 1969 - 30 April 1970
* DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970 – 30 June 1971

10.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  
   
	b.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that while serving in an infantry unit in MOS 11B, he was awarded the BSM for meritorious service in connection with ground operations against a hostile force.  Furthermore, the certificate which awards him the CIB is signed by a commander in the grade of COL/O-6 and shows his actions occurred on 24 September 1969.  It is reasonable to presume that during 


the course of his tour in Vietnam, he engaged in active ground combat with the enemy.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the AM and as a result, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation during his tenure in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He participated in four designated campaign phases during his service in Vietnam.  Therefore, he is entitled to wear four bronze service stars on his VSM.

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 the VSM from his DD Form 214; and

	b.  adding the following awards to his DD Form 214:

* AM
* CIB
* VSM with four bronze service stars


* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN 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)                                         AR20110021855





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ABCMR Record of Proceedings (cont)                                         AR20110021855



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