IN THE CASE OF:
BOARD DATE: 8 OCTOBER 2015
DOCKET NUMBER: AR20150002036
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 Report of Transfer or Discharge) to show the following awards:
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
2. The applicant states:
* he has the Republic of Vietnam Campaign Medal with Device (1960) and CIB, but not the VSM
* they are not listed on his DD Form 214 and should be
* he has two of three medals which are important to complete his DD Form 214 for his appropriate benefits
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 was inducted into the Army of the United States on 17 September 1969. He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).
3. Records show:
* he arrived in Vietnam on 9 September 1970
* he was assigned to Company B, 3rd Battalion, 8th Infantry, in Vietnam from 20 September 1970 to on or about 11 November 1970
* he participated in one campaign during his assignment in Vietnam
4. Headquarters, 4th Infantry Division, General Orders Number 5429, dated 27 October 1970, awarded him the Army Commendation Medal (ARCOM) for meritorious achievement in the Republic of Vietnam during the period 1 October 1970 to 25 October 1970.
5. Headquarters, 4th Infantry Division, Special Orders Number 306, dated 2 November 1970, show he was reassigned to the 23rd Adjutant General Administration Company, Americal Division, in Vietnam with an effective date of change of strength accountability of 12 November 1970.
6. On 10 December 1970, he was honorably discharged for hardship. His DD Form 214 shows he was separated from the service on temporary records and a Soldier's affidavit.
7. There are no orders for the CIB in the available records.
REFERENCES:
1. Army Regulation 600-8-22 (Military Awards) states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.
2. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
3. Army Regulation 600-8-22 states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
4. 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 the 3rd Battalion, 8th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders Number 52, dated 1971.
DISCUSSION:
1. Orders show the applicant was awarded the ARCOM. This award is not shown on his DD Form 214.
2. Based on his service in Vietnam from September 1970 to November 1970, he is authorized award of the VSM with one bronze service star. This award is not shown on his DD Form 214.
3. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. This unit award is not shown on his DD Form 214.
4. Although the applicant contends he has the Republic of Vietnam Campaign Medal with Device (1960), he did not meet the eligibility criteria for this award since he did not serve in Vietnam for 6 months or more.
5. The applicant's request to add the CIB to his DD Form 214 was noted. However, the governing regulation for award of the CIB clearly establishes that the CIB may be 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.
6. The available evidence shows he held an infantry MOS and he was assigned to an infantry company during his assignment in Vietnam. However, there is no evidence of record showing his assigned infantry unit was engaged in active ground combat and he actively participated in such ground combat. Based on the available evidence, he does not meet the eligibility criteria for award of the CIB.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20150002036
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150002036
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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