IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130014020
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 that his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, that he was awarded the CIB in Vietnam and it was not added to his DD Form 214 at the time of separation. He also states that he found the document showing he was awarded the CIB and needs it entered on his DD Form 214 in order to substantiate his claim for post-traumatic stress disorder.
3. The applicant provides a copy of a DA Form 2496 (Disposition Form).
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 on 25 March 1971. He completed basic training at Fort Dix, New Jersey and advanced individual training as an infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 28 August 1971 for assignment to the 1st Battalion, 46th Infantry Regiment, 196th Light Infantry Brigade. He was advanced to the pay grade of E-4 on 27 March 1972.
3. He served in three campaigns and departed Vietnam on 20 June 1972.
4. On 23 April 1973, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Commendation Medal.
5. The DA Form 2496 provided by the applicant is a pre-printed disposition form indicating the issuance of awards and decorations. It indicates the applicant was issued the CIB on 3 November 1971.
6. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
7. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant met the criteria for award of the CIB and he has provided sufficient evidence to show that he was in fact awarded it on 3 November 1971. Accordingly, the CIB should be added to his DD Form 214.
2. The applicant served in three campaigns and he is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have it added to his DD Form 214.
3. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and is entitled to have that award added to his DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, CIB, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130014020
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ABCMR Record of Proceedings (cont) AR20130014020
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