IN THE CASE OF: 

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012800 


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 award of the Combat Infantryman Badge.

2.  The applicant states he served on the front line in Vietnam in the infantry military occupational specialty (MOS) 11B from 18 September 1968 through 16 September 1969.  He was constantly surrounded by gunfire, mortar rounds, sniper fire, artillery fire, and booby traps.  Until recently he thought his award of the Army Commendation Medal was the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

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 and entered active duty on 20 February 1968.  He completed training and was award the MOS 11B (light Weapons Infantryman).

3.  The available record contains orders for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Combat Infantryman Badge, and the Army Commendation Medal.

4.  His DA Form 20 (Enlisted Qualification Record) shows – 

* advancement to private first class on 21 September 1968
* service in Vietnam from 23 September 1968 through 15 September 1969
* assignment in Vietnam to Company D, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade
* service during two campaign periods
* award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge (per Americal Division Special Orders Number 25, dated 25 January 1969), Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (for both the M-14 and M-16 rifle)
* two periods of absence without leave (AWOL) totaling 14 days

5.  The applicant's DD Form 214 lists the applicant's awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company D, 1st Battalion, 52nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

7.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods:  the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; and the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders or notations for the award of the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  These awards were omitted from the applicant's DD Form 214.  It is appropriate to correct this omission. 

2.  The applicant served in Vietnam during four campaign periods.  His DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars not the two service stars as currently shown.

3.  In addition to the above awards the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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:

	a.  deleting the Vietnam Service Medal with two bronze service stars from the DD Form 214; and

	b.  showing on the DD Form 214 that the applicant is also authorized award of the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle (M-14), Automatic Rifle, and Machinegun Bars.



      _______ _   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)                                         AR20130012800





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ABCMR Record of Proceedings (cont)                                         AR20130012800



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