IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120008158
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 add award of the Combat Infantryman Badge (CIB).
2. The applicant states:
* his DD Form 214 does not list his CIB for his service in Vietnam
* he served in military occupational specialty (MOS) 11B (light weapons infantryman) in Vietnam
3. The applicant provides orders for the CIB.
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 into the Army of the United States on 4 March 1969. He was awarded MOS 11B. He arrived in Vietnam on 3 August 1969. He served in MOS 11B assigned to Company A, 5th Battalion, 46th Infantry, in Vietnam from 19 August 1969 to 6 March 1970. He was assigned to Company A, 123rd Aviation Battalion, in Vietnam from 7 March 1970 until he was hospitalized on 25 March 1970 and returned to the United States on 15 April 1970. On 3 March 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Army Commendation Medal
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Second Class Machine Gunner Qualification Badge (M-60)
* Army Good Conduct Medal
4. Headquarters, Americal Division, Special Orders Number 207, dated 14 October 1969, show he was awarded the CIB.
5. Records show he participated in two campaigns during his assignment in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
7. 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 the 5th Battalion, 46th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders 11, dated 1973.
DISCUSSION AND CONCLUSIONS:
1. Special orders show the applicant was awarded the CIB. His DD Form 214 should be corrected to show this badge.
2. He participated in two campaigns during his assignments in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars. His DD Form 214 should be corrected to show these service stars.
3. His unit in Vietnam (5th Battalion, 46th Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 should be corrected to show this unit award.
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 CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
_____________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) AR20120008158
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ABCMR Record of Proceedings (cont) AR20120008158
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