IN THE CASE OF:
BOARD DATE: 12 July 2015
DOCKET NUMBER: AR20140011325
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 Reports of Transfer or Discharge) to show the Combat Infantryman Badge.
2. The applicant states his DA Form 20 (Enlisted Qualification Record) lists this badge as an authorized award. When he received his DD Form 214 he noticed the Combat Infantryman Badge was missing.
3. The applicant provides his DD Form 214 and DA Form 20.
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's records show he was inducted into the Army of the United States on 22 August 1967 and held military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam from on or about 15 February 1968 to on or about 26 February 1969. He was assigned to Company D, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division.
4. Special Orders (SO) Number 92, issued by Headquarters, 25th Infantry Division, on 1 April 1968 awarded him the Combat Infantryman Badge.
5. He was honorably released from active duty in the rank/grade of private first class/E-3 on 5 September 1969. He completed 1 year, 11 months, and 27 days of active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.
7. Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars:
* Tet Counteroffensive, 30 January to 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April to 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July to 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 to 22 February 1969
* Tet 69/Counteroffensive, 23 February to 8 June 1969
8. 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 during his service with the 4th Battalion, 9th Infantry Regiment (February 1968 to February 1969) this unit was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966 to August 1968, based on Department of the Army General Orders (DAGO) Number 48, dated 1971, and from 1 September 1968 to 30 September 1970, based on DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1966 to 21 January 1970, based on DAGO Number 51, dated 1971
9. Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Combat Infantryman Badge 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. GO awarded his unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, none of which are shown on his records. Therefore, he is entitled to correction of his records to show these unit awards.
3. He was awarded the Vietnam Service Medal. Additionally, records show he participated in five campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show a silver service star to be affixed to his already-awarded Vietnam Service Medal.
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:
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:
* Combat Infantryman Badge
* Vietnam Service Medal with a silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class 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) AR20140011325
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ABCMR Record of Proceedings (cont) AR20140011325
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