IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140006140
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 reconsideration for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).
2. The applicant states he now has the appropriate paperwork to prove he was awarded the CIB based upon his service in the Republic of Vietnam.
3. The applicant provides:
* his DD Form 214
* Special Orders Number 34, dated 12 April 1968
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120004912 on 6 September 2012.
2. The applicant provides new evidence in the form of special orders which were not previously available nor considered by the Board and therefore warrant reconsideration of his request.
3. The applicant was inducted into the Army of the United States on 11 May 1966. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he arrived in Vietnam on 14 February 1968, but does not indicate when he left.
b. item 38 (Record of Assignments), while he was in Vietnam he was assigned to Company B, 2nd Battalion, 505th Infantry, 82nd Airborne Division from 14 February 1968 to 14 April 1968.
c. item 41 (Awards and Decorations), he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. On 25 April 1968, he was honorably released from active duty (REFRAD). The DD Form 214 he was issued at the time of his REFRAD shows he was awarded or authorized the:
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
6. There are no orders for the CIB in the available records.
7. The applicant provides Headquarters, 3d Brigade, 82d Airborne Division, Special Orders Number 34, dated 12 April 1968, which show he was awarded the CIB for actions against an armed hostile force in the Republic of Vietnam.
8. References:
a. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that the applicant participated in
the following two campaigns during his period of service in the Republic of Vietnam:
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
b. Department of the Army General Order (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
c. DAGO Number 48, dated 1971, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the applicant's unit for the period 12 March to 4 October 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention was carefully considered and determined to have merit.
2. Special orders awarded him the CIB; therefore, he is entitled to correction of his DD Form 214 to show the award of this badge.
3. Records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to correction of his DD Form 214 to show these badges.
4. Records show he participated in two campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
5. DAGOs awarded the following unit awards to the applicant's unit for actions during his period of assignment; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
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 amendment of the ABCMRs decision in Docket Number AR20120004912, dated 6 September 2012. 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 Vietnam Service Medal and
b. adding to his DD Form 214 the following awards:
* Combat Infantryman Badge
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
__________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) AR20140006140
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ABCMR Record of Proceedings (cont) AR20140006140
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