IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014066
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 Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he served in Vietnam in an infantry unit from July 1969 to July 1970. He served in combat, but he never paid attention to the lack of the Combat Infantryman Badge until recently.
3. The applicant provides copies of General Orders (GO) Number 452 and 938, Special Orders (SO) Number 164, and his 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 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 6 November 1968 and he held military occupational specialty 11B (light weapons infantryman).
3. He served in Vietnam from 21 July 1969 through 14 July 1970, during four campaigns. He was assigned to Company C, 1st Battalion, 1st Infantry, 1st Brigade, 5th Infantry Division.
4. His record contains SO Number 331, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 27 November 1969, awarding him the Combat Infantryman Badge.
5. His record also contains and he provided copies of following orders issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division:
* GO Number 452, dated 14 April 1970, awarding him the Army Commendation Medal for meritorious achievement the period 21 July 1969 through 20 December 1969
* GO Number 938, dated 25 June 1970, awarding him the Army Commendation Medal (2nd Award) for meritorious service for the period July 1969 to July 1970
6. He was honorably released from active duty on 18 July 1970. His DD Form 214 lists the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal, and two overseas service bars.
7. His record further contains GO Number 1325, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 25 July 1970, awarding him the Army Good Conduct Medal (1st Award) for the period 6 November 1968 through 20 July 1970.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on campaign and service medals to denote participation in a named campaign for the Vietnam Service Medal.
9. Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, to all units assigned to the United States Army Vietnam.
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Combat Infantryman Badge and Army Commendation Medal (2nd Award) during his period of service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. GO awarded him the Army Good Conduct Medal (1st Award) for the period of service from 6 November 1968 through 20 July 1970. Therefore, his DD Form 214 should be correction to show this award.
3. He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars for his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
4. General orders also entitled the applicant to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.
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 Army Commendation Medal and Vietnam Service Medal
* adding the following awards to his DD Form 214:
* Combat Infantryman Badge
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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) AR20130014066
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130014066
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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