IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130012226
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 while serving in Vietnam.
3. The applicant provides no additional documentation.
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. On 23 August 1966, he was inducted into the Army of the United States. He was awarded military occupational specialty 63C (General Vehicle Repairman) and the highest rank he held was specialist five/pay grade E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service), he was credited with service in Vietnam from 20 January 1967 through 20 January 1968
* item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry, 1st Infantry Division, performing duties as a wheel vehicle mechanic during the period 2 February 1967 to 16 January 1968
* item 41 (Awards and Decorations), Expert Marksmanship Qualification Badge with Rifle Bar
4. Special Orders Number 148, issued by Headquarters, 1st Infantry Division, dated 28 May 1967, awarded him the CIB.
5. General Orders Number 1753, issued by Headquarters, 1st Infantry Division, dated 28 February 1968, show he was awarded the Army Commendation Medal (ARCOM) for meritorious service during the period March 1967 to January 1968.
6. On 22 August 1968, he was honorably released from active duty. He completed 2 years of active service.
7. The DD Form 214 he was issued for this period shows the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Good Conduct Medal
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with four campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 16th Infantry, 1st Infantry Division, was awarded the following during his assignment to the unit:
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965-7 April 1970
DISCUSSION AND CONCLUSIONS:
1. Special orders awarded him the CIB. Therefore, he is entitled to have this award added to his DD Form 214.
2. General orders awarded him the ARCOM. Therefore, he is entitled to have this award added to his DD Form 214.
3. He participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for his participation.
4. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards.
5. His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to have this badge added to his DD Form 214.
6. In view of the foregoing, he is entitled to have his records corrected as shown below.
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 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:
a. deleting from his DD Form 214 the VSM and
b. adding to his DD Form 214 the:
* CIB
* ARCOM
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
_____________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) AR20130012226
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012226
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011397
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) with oak leaf cluster (OLC) * Defense Meritorious Service Medal (DMSM) * Legion of Merit (LOM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal...
ARMY | BCMR | CY2008 | 20080012307
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant earned the CIB while serving in the RVN, as evidenced by the CIB certificate on file in his MPRJ, which is supported by entries on his DA Form 20. Therefore, it would be appropriate to add the CIB and all awards earned by the applicant during his military service to the list of awards contained on his final separation document at this time.
ARMY | BCMR | CY2015 | 20150003391
His DA Form 20 shows in: * item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam (RVN) beginning on 2 December 1967 * item 38 (Record of Assignments), he was assigned to * Company C, 3rd Battalion (Airborne), 187th Infantry from 4 December 1967 to 19 December 1967 * Headquarters and Headquarters Company, 3rd Battalion, 187th Infantry, from 20 December 1967 to 26 December 1968 * item 41 (Awards and Decorations) * National Defense Service Medal (NDSM) * Vietnam...
ARMY | BCMR | CY2007 | 20070005320C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2007 DOCKET NUMBER: AR20070005320 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. As a result, the Board recommends that...
ARMY | BCMR | CY2013 | 20130009386
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - * Bronze Star Medal (BSM) * "V" Device on already listed Army Commendation Medal (ARCOM) * Army Good Conduct Medal (AGCM) * Combat Infantryman Badge (CIB) b. item "21a" (taken to mean item 23a (Specialty Number and Title)) - "flight crew member [duty...
ARMY | BCMR | CY2011 | 20110003349
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN, it does confirm he served as an infantryman in MOS 11C with a qualifying infantry unit during his tour of duty in the RVN. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2007 | 20070016375C080407
The applicant states, in effect, he was awarded the BSM, AM and CIB while serving on active duty and these awards were erroneously omitted from the list of awards contained on his separation document. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The applicant's record also shows that based on his RVN service and campaign participation, he is entitled to the RVN...
ARMY | BCMR | CY2011 | 20110002457
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with three bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Combat Infantryman Badge (CIB) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * "VCAM" [interpreted to mean the RVN Campaign Medal with Device (1960)] * Army...
ARMY | BCMR | CY2013 | 20130010272
The applicant states that he earned the awards and completed the training, and the information should be recorded on his DD Form 214. d. Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period 20 September 1967 through 7 May 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st...
ARMY | BCMR | CY2013 | 20130009872
His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Combat Infantryman Badge * ARCOM * Vietnam Service Medal (VSM) * BSM * PH * one overseas service bar 12. One overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside the continental limits of the United States for the specific time frames...