IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007724
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 (CIB).
2. The applicant states he was awarded the CIB on 25 November 1969, but it is not included on his DD Form 214.
3. The applicant provides copies of his:
* CIB orders
* DA Form 66 (Officer Qualification Record) (page 2)
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's record shows he was initially appointed as a Reserve commissioned officer in the rank of second lieutenant on 8 June 1968. He entered active duty on 25 August 1968 and was trained in and awarded specialty 1203 (Tank Unit Commander).
3. His DA Form 66 shows he served in the Republic of Vietnam (RVN) from 13 June 1969 to 9 June 1970 with the 501st Infantry Regiment, 101st Airborne Division.
4. Item 21 (Awards and Decorations) of his DA Form 66 includes the CIB.
5. His Army Military Human Resource Record contains Headquarters, 101st Airborne Division, Special Orders Number 329, dated 25 November 1969, announcing the applicant's award of the CIB.
6. On 16 June 1970, the applicant was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 2-13 contains guidance for award of the VSM and states that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.
b. Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, campaign participation credit was awarded for the:
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
8. 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 confirms that during the applicant's tenure of assignment in the RVN, the 501st Infantry Regiment, 101st Airborne Division, was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms special orders announced the applicant's award of the CIB and this award is not currently reflected on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this award.
2. The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded VSM. Accordingly, it would be appropriate to add these awards to his DD Form 214 at this time.
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:
* CIB
* RVN Gallantry Cross with Palm Unit Citation
*
RVN Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to his already-awarded VSM
_____________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) AR20120007724
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ABCMR Record of Proceedings (cont) AR20120007724
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