IN THE CASE OF:	  

		BOARD DATE:	 4 September 2014 

		DOCKET NUMBER:  AR20140000677 


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 the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any another corrections as appropriate.

2.  The applicant states he served in Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), as a combat infantryman, during his period of service in the Republic of Vietnam.

3.  The applicant provides a medical record extract, dated 15 November 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 was inducted into the Army of the United States on 29 November 1965.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in the Republic of Vietnam, during the period 1 May 1966 through on or about 4 May 1967, while assigned to Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile).  His records show he participated in five campaigns.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the following awards and decorations:

* Vietnam Service Medal
* National Defense Service Medal
* CIB
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 284, dated 11 October 1966, awarded the applicant the Combat Infantryman Badge.

6.  On 1 September 1967, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  The applicant provided a medical record extract that shows his service-connected disability ratings and insurance information.

8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 2nd Battalion, 12th Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 by Department of the Army General Orders Number 59, dated 1969.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  It provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c (Foreign and or Sea Service).  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows:  "Vietnam Service:  (from date to date)."

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB, which is not shown on his     DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  His record shows he participated in five campaigns during his service in the Republic of Vietnam; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Vietnam Service Medal with one silver service star.

3.  The unit to which he was assigned while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

4.  He served in the Republic of Vietnam from on or about 1 May 1966 through on or about 4 May 1967, a period of 1 year and 4 days.  This period of service is accurately reflected in item 22c of his DD Form 214; however, in accordance with current standards, it would be appropriate to amend item 30 of his DD Form 214 to add the entry, "SERVICE IN USARPAC (VIETNAM) FROM 19660501 – 19670504."



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 amending his DD Form 214 as follows:

* adding the following awards –

*	CIB
* Vietnam Service Medal with one silver service star
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation

*	adding the entry "SERVICE IN USARPAC (VIETNAM) FROM 19660501 – 19670504" to the remarks block



      ______________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)                                         AR20140000677



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ABCMR Record of Proceedings (cont)                                         AR20140000677



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