IN THE CASE OF:	  

		BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140010121 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Parachutist Badge and the Combat Infantryman Badge (CIB).

2.  The applicant states he was with the 101st Airborne Division in the Republic of Vietnam (RVN).  He performed duty as an infantryman.  He also states "bronze with cluster" on his application, but did not explain the entry or offer any other information.

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 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.  On 17 September 1965, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 233, Fort Dix, NJ, dated 8 November 1965, announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 rifle).

4.  Special Orders Number 42, Fort Benning, GA, dated 16 February 1966, announced the applicant's award of the Parachutist Badge.

5.  Special Orders Number 276, Fort Bragg, NC, dated 5 December 1966, announced the applicant's award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 rifle).

6.  On 25 August 1967, he departed Fort Bragg, North Carolina for duty in the RVN.

	a.  On 28 September 1967, he was assigned to Troop A, 2nd Squadron, 
17th Cavalry Regiment as a light weapons infantryman.

	b.  On 10 March 1968, he was assigned as a rifleman with Troop B, 
2nd Squadron, 17th Cavalry Regiment.

	c.  On 6 September 1968, he departed the RVN and returned to the United States.

7.  On 8 September 1968, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years, 
11 months, and 22 days of creditable active duty service.

8.  The applicant's DD Form 214 indicates he was awarded:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal

9.  Army Regulation 600-8-22 (Military Awards):

	a.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
	b.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear 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 2nd Squadron, 17th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 21, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Parachutist Badge and the CIB for his combat service in the RVN.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, his request for award of the CIB should be denied.

3.  Special orders show that the applicant was awarded the Parachutist Badge.  Therefore, his records should be corrected to show this badge.

4.  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.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for the M-14 rifle.  Therefore, his records should be corrected to show this badge.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar for the M-16 rifle.  Therefore, his records should be corrected to show this badge.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_______  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Vietnam Service Medal; and

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 
much of the application that pertains to award of the Combat Infantryman Badge.



      ____________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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140010121



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