BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20130013364
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.
2. The applicant states his award of the Combat Infantryman Badge is not reflected on his DD Form 214.
3. The applicant provides two copies of his DD Form 214 for the period ending 14 August 1970 and his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 12 July 1995.
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 8 March 1968, completed training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was discharged for the purpose of immediate enlistment in the Regular Army on 13 July 1969.
3. He served in Vietnam with Company C, 2nd Battalion, 14th Infantry Regiment, from 14 October 1968 through 17 September 1969 and with Detachment 1, Table of Distribution Augmentation Unit, 4th Transportation Command, from 18 September 1969 through 18 April 1970.
4. His records contain orders for award of the Combat Infantryman Badge.
5. He was honorably released from active duty on 14 August 1970 and transferred to the U.S. Army Reserve. He completed 2 years, 4 months, and 26 days of active duty with 10 days of lost time.
6. His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, and Bronze Star Medal.
7. He provided his NGB Form 22 that shows he subsequently served in the Army National Guard until 12 July 1995.
8. 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 pamphlet shows that while the applicant was assigned to Company C, 2nd Battalion, 14th Infantry Regiment, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Combat Infantryman Badge was omitted from his DD Form 214 for the period ending 14 August 1970. It would be appropriate to correct this omission.
2. In addition to his other awards the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. It would be appropriate to add these unit awards to his DD Form 214 for the period ending 14 August 1970.
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 following awards to his DD Form 214 for the period ending 14 August 1970:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
___________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) AR20130013364
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ABCMR Record of Proceedings (cont) AR20130013364
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