IN THE CASE OF:	

		BOARD DATE:	24 July 2014

		DOCKET NUMBER:  AR20130021334


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 the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the CIB for service in the Republic of Vietnam (RVN).  He contends that the badge was inadvertently omitted from his DD Form 214 when he was discharged.

3.  The applicant provides a copy of 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 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.  On 25 November 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 25, Fort Campbell, KY, dated 30 January 1969, announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Special Orders Number 78, Fort Lewis, WA, dated 19 March 1969, announced the applicant's award of the Expert Marksmanship Qualification Badge with Machinegun Bar.

5.  Special Orders Number 85, Fort Lewis, WA, dated 26 March 1969, announced the applicant's award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  On 18 April 1969, the applicant departed Fort Lewis, WA for duty in the RVN.

	a.  On 15 May 1969, he was assigned for duty with Company C, 1st Battalion, 7th Cavalry Regiment, 1st Air Cavalry Division.

	b.  Special Orders Number 230, 1st Air Cavalry Division, dated 18 August 1969, announced award of the CIB to the applicant

	c.  General Orders Number 16257, 1st Air Cavalry Division, dated 
19 December 1969, announced award of the Army Commendation Medal (ARCOM) with "V" Device to the applicant for action on 25 November 1969.

7.  On or about 26 June 1970, the applicant departed the RVN and returned to the United States.

8.  On 29 June 1970, the applicant was honorably released from active duty.  His DD Form 214 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Bronze Star Medal
* Air Medal
* Good Conduct Medal

9.  Army Regulation 600-8-22 (Military Awards), Appendix B, shows that based on the applicant's dates of service in the RVN:

	a.  he participated in the following four campaign periods:

* Tet 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring
* DA Sanctuary Counteroffensive

	b.  that he is authorized to wear a bronze service star on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 11, dated in 1973 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 42, dated in 1972 for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the CIB for his service in the RVN.

2.  Special orders show the applicant was awarded the CIB by the Commander, 1st Air Cavalry Division.  Therefore, this badge should be shown on his DD Form 214.  In addition, General Orders show the applicant was awarded the ARCOM with "V" Device.  Therefore, the applicant's DD Form 214 should be corrected to show this device on his ARCOM.

3.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these two foreign unit awards.

5.  Special orders show the applicant qualified as an expert with the automatic rifle and the machine gun.  Therefore, his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.  In addition, special orders show the applicant qualified as a sharpshooter with the rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 the Army Commendation Medal and Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar


      _____________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)                                         AR20130002910



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ABCMR Record of Proceedings (cont)                                        AR20130021334



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