IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140013402
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 the Combat Infantryman Badge (CIB) be added to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the CIB is not listed in item 24 of his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and CIB order.
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 initially enlisted in the Regular Army on 13 April 1966 and served until he was honorably discharged to accept a commission on 1 May 1967. The DD Form 214 issued at that time shows he completed 1 year and 19 months of creditable active duty service and he earned the following awards:
* National Defense Service Medal (NDSM)
* Army Good Conduct Medal (AGCM)
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar
3. On 2 May 1967, the applicant was appointed a Reserve commissioned officer in the rank of second lieutenant (2LT/O-1) and entered active duty. He was trained in and awarded area of concentration "1542" (Infantry Unit Commander).
4. His DA Form 66 (Officer Qualification Record) shows in:
a. item 17 (Foreign Service), he served in the Republic of Vietnam (RVN) from 7 September 1967 to 6 September 1968;
b. item 18 (Record of Assignments), he was assigned as a support platoon leader with 1st Battalion, 50th Infantry Regiment during his RVN tour;
c. item 23 (Qualification in Arms), he earned the following badges:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14
5. On 1 May 1969, he was honorably released from active duty having completed 3 years and 19 days of total active duty service. His DD Form 214 shows he earned the following awards:
* Bronze Star Medal
* NDSM
* AGCM
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars
6. The applicant provides Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 303, dated 30 October 1967. It announced his award of the CIB.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
Paragraph 2-13 states a bronze service star is authorized with the VSM for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
8. Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the CIB should be added to his DD Form 214. There is sufficient evidence to support his claim.
2. He provides the official order which announced his award of the CIB thereby corroborating his claim. As a result, it would be appropriate to add this badge to his DD Form 214.
3. The evidence of record also shows the applicant qualified as Expert with the M-16 rifle and Marksman with the M-14 rifle. However, these marksmanship qualification badges are not shown on his DD Form 214 and should be added at this time.
4. Further, based on the applicant's service and campaign participation in the RVN, he is also authorized award of the RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded VSM. Accordingly, these awards should be added to his DD Form 214 at this time.
5. In view of the above, the applicant's request should be corrected as recommended below.
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 amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards:
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-14 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) AR20140013402
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ABCMR Record of Proceedings (cont) AR20140013402
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