IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017469
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) for the period ending on
1 November 1967 to show award of the Combat Infantryman Badge (CIB).
2. He states his military occupational specialty (MOS) was 11C (Indirect Fire Infantryman) and he served in combat operations during his service in Vietnam.
3. He provides a Combat After Action Report dated 5 August 1967 and two Department of Veterans Affairs letters, dated 12 and 17 September 2013.
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 enlisted in the Regular Army on 5 August 1963. He was honorably discharged on 23 February 1965 for immediate reenlistment which was accomplished the following day.
3. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Korea from 18 February 1964 to 3 March 1965.
4. He served in the Republic of Vietnam (RVN) from 20 August 1966 to 31 August 1967 and he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry Regiment, 3rd Brigade Task Force, 25th Infantry Division.
5. Special Orders Number 276, issued by Headquarters, 3d Brigade Task Force, 25 Infantry Division, dated 20 November 1966, awarded the applicant the CIB.
6. On 1 November 1967, he was discharged under honorable conditions under the provisions of Army Regulation 635-212 (Personnel Separations Discharge Unfitness and Unsuitability). He was credited with completing
4 years, 1 month, and 24 days of total active duty service. His DD Form 214 shows:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
7. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 2nd Battalion, 35th Infantry Regiment, to which he was assigned, was cited for the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1972; RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970; and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 48, dated 1971 during the period he was assigned.
9. Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the CIB. Therefore, his DD Form 214 should be corrected to show this award.
2. He served during a qualifying period of service for entitlement to the KDSM. Therefore, his DD Form 214 should be corrected to show this award.
3. The evidence of record shows he is entitled to wear the Valorous Unit Award, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show these awards.
4. The evidence also shows he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded VSM.
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 from his DD Form 214 for the period ending on 1 November 1967 the Vietnam Service Medal; and
b. adding to his DD Form 214 for the period ending on 1 November 1967:
* Combat Infantryman Badge
* Korea Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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) AR20130017469
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ABCMR Record of Proceedings (cont) AR20130017469
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