IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120012320
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 the Combat Infantryman Badge (CIB) be deleted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and replaced with the Combat Medical Badge (CMB).
2. He states his DD Form 214 erroneously indicates he was awarded the CIB. He served as a medic and orders awarded him the CMB.
3. He provides his CMB orders and 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 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 applicants military record shows he was inducted into the Army of the United States on 2 July 1969. He completed training and was award military occupational specialty (MOS) 91B (Medical Corpsman).
3. He served in Vietnam from 5 December 1969 through 10 November 1970, during three campaigns. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 8th Cavalry, 1st Air Cavalry Division.
4. Special Orders Number 79, issued by Headquarters, 1st Cavalry Division (Airmobile), on 20 March 1970, awarded him the CMB.
5. He was honorably released from active duty, in pay grade E-4, on 1 July 1971, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 2 years of net active service and no time lost. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Army Commendation Medal
* Purple Heart
* Air Medal
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including 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 his unit, the 2nd Battalion, 8th Cavalry, was cited for the:
* Valorous Unit Award for the period 1 May-29 June 1970 by Department of Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969-February 1970, by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969-1 February 1970, by DAGO Number 42, dated 1972
DISCUSSION AND CONCLUSIONS:
1. Orders confirm he was awarded the CMB. There is no evidence of record showing he was authorized award of the CIB. Therefore, he is entitled to correction to his DD Form 214 by removing the CIB and replacing it with the CMB.
2. The evidence of record shows he served in Vietnam during three campaigns. Therefore, he is entitled to the addition of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and their addition to his DD Form 214.
3. Orders awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards.
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:
* deleting from the applicant's DD Form 214 the CIB and Vietnam Service Medal
* adding to his DD Form 214 the:
* CMB
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20120012320
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ABCMR Record of Proceedings (cont) AR20120012320
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