IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20140015510 


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 of his earlier request for award of the Combat Infantryman Badge (CIB).  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam Civil Actions Honor Medal.

2.  The applicant states:

	a.  His military occupational specialty (MOS) was 11B (light weapons infantryman).  He was a helicopter gunner.  They were flying and supporting the 2nd Brigade, 1st Infantry Division, outside of Biên Hòa.  He was awarded the Purple Heart on 22 July 1965.

	b.  The Secretary of Defense approved the Republic of Vietnam Campaign Medal with Device (1960) in February 1966.

	c.  The Republic of Vietnam Civil Actions Honor Medal was approved by the Department of Defense.

	d.  He taught English classes to the children and police of Biên Hòa for almost 1 year.

3.  The applicant provides no additional evidence.


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 requests reconsideration of his earlier request for award of the CIB.  This issue was previously considered by the ABCMR on 18 April 2002 in Docket Number AR2001062854 and granted.  However, via supplemental proceedings on 13 May 2003 in Docket Number AR2002076026, the ABCMR determined it had authorized the CIB based on incorrect information and the applicant did not meet the criteria for award of the CIB.  Army Regulation 15-185 (Army Board for Correction of Military Records) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and has not previously been reconsidered.  The ABCMR staff reviewed the applicant's request and determined his request pertaining to award of the CIB was not received within 1 year of the ABCMR's original decision (Docket Number AR2002076026, dated 13 May 2003).  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 1 July 1964 for 3 years.  He completed his training and was awarded MOS 11B.  His records show he served in duty MOS 11B as a security guard assigned to the following units in Vietnam:

* 118th Aviation Company from 25 May 1965 to 24 June 1965
* Company A, 501st Aviation Battalion, from 25 June 1965 to 18 August 1965
* Headquarters, 145th Aviation Battalion, from 19 August 1965 to 26 October 1965
* 145th Security Platoon from 27 October 1965 to 18 May 1966

4.  On 30 June 1967, he was honorably released from active duty.

5.  His DD Form 214 shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal (AFEM) (for Vietnam service)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  A DD Form 215 (Correction to DD Form 214), dated 19 June 2003, amended his DD Form 214 by deleting the AFEM and adding the following awards:

* Purple Heart
* Army Good Conduct Medal
* AFEM with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

7.  Since the Republic of Vietnam Campaign Medal with Device (1960) is shown on his DD Form 215, this portion of his request will not be discussed further in this Record of Proceedings.

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded to units by the Vietnamese government for meritorious service.

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 does not show the applicant's units (118th Aviation Company; Company A, 501st Airborne Battalion; Headquarters, 145th Aviation Battalion; or 145th Security Platoon) were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.

DISCUSSION AND CONCLUSIONS:

Since Department of the Army Pamphlet 672-3 does not show the applicant's units in Vietnam were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them, there is insufficient evidence on which to base adding this unit award to his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X__  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20140015510



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ABCMR Record of Proceedings (cont)                                         AR20140015510



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