IN THE CASE OF:	  

		BOARD DATE:	    23 May 2012

		DOCKET NUMBER:  AR20110023197 


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:

* a record of his Combat Infantryman Badge is required for many veterans' benefits and services
* many organizations ask for a copy of the DD Form 214 to prove combat service
* he wants his children, grandchildren, and future generations to be able to easily see that he served our country in combat in Vietnam

3.  The applicant provides:

* court-recorded copy of his DD Form 214
* Department of Veterans Affairs Rating Decision extract

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 enlisted in the Regular Army on 23 September 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  Special Orders Number 349, Headquarters, 25th Infantry Division, APO San Francisco, California, dated 15 December 1969, awarded the applicant the Combat Infantryman Badge.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) records the following:

	a.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam during the period 16 September 1969 through 15 September 1970.

	b.  Item 38 (Record of Assignments) shows he was assigned to the 38th Infantry Platoon Scout Dogs, 25th Infantry Division.

5.  Special Orders Number 318, Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, North Carolina, dated 13 November 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Special Orders Number 031, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, dated 5 February 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

7.  He was honorably released from active duty on 16 September 1970 after completing 1 year, 11 months, and 24 days of creditable active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Army Good Conduct Medal, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  On 13 July 2011, the applicant was issued a DD Form 215 (Correction to DD Form 214) which added the Bronze Star Medal to his DD Form 214.

9.  A review of the applicant's records shows he is entitled to additional awards and decorations.

10.  Department of the Army General Orders Number 5, dated 1973, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the unit to which the applicant was assigned for the period 1 September 1968 to 30 September 1970.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1969 (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)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Combat Infantryman Badge was carefully considered and determined to have merit.

2.  Special Orders Number 349 awarded the applicant the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special Orders Number 318 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  Special Orders Number 031 awarded the applicant the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60); therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  General Orders Number 5 awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

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 adding the following awards to his DD Form 214:

* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* 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)                                         AR20110023197



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ABCMR Record of Proceedings (cont)                                         AR20110023197



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