IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120011136
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 the Combat Infantryman Badge and the Air Medal.
2. The applicant states he was awarded the Combat Infantryman Badge on 2 October 1970 and the Air Medal on 9 November 1970, but neither award is shown on his DD Form 214.
3. The applicant provides his DD Form 214 and two orders.
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 applicants 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 applicants 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 records show he was inducted into the Army of the United States on 22 September 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 6 April 1970 to 26 April 1971 while assigned as a rifleman to Company B, 1st Battalion, 12th Cavalry, 1st Cavalry Division.
3. The applicant provides Special Orders Number 275, dated 2 October 1970, issued by Headquarters (HQ), 1st Cavalry Division, awarding him the Combat Infantryman Badge effective 25 September 1970.
4. His record contains General Orders (GO) Number 19699, dated 9 November 1970, issued by HQ, 1st Cavalry Division, awarding him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from March to October 1970.
5. He was honorably released from active duty on 28 April 1971 and he was transferred to the U.S. Army Reserve. He completed 1 year, 7 months, and 7 days of net active service.
6. The DD Form 214 he was issued shows the:
* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Campaign Medal
* Army Good Conduct Medal (1st Award)
7. A typographical error apparently occurred during the preparation of his DD Form 214 when the Army Good Conduct Medal was listed twice.
8. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). It also shows the Air Medal; it does not show the Combat Infantryman Badge.
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows during his service in Vietnam he participated in two campaigns.
10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 12th Cavalry was cited for award of the:
* Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the Combat Infantryman Badge and the Air Medal which are not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show these awards.
2. His record confirms he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
4. His DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), neither of which is shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show both badges.
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 amending his DD Form 214 as follows:
* deleting the Vietnam Service Medal
* adding the:
* Combat Infantryman Badge
* Air Medal
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
_______ _ __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) AR20120011136
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120011136
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