IN THE CASE OF:	

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150002683 


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 award of the Army Commendation Medal and Combat Infantryman Badge
* issuance of a DD Form 215 (Correction to DD Form 214) showing these awards

2.  The applicant states this information is included in his service records, but was not listed on his DD Form 214.  

3.  The applicant provides copies of the following:

* DD Form 47 (Record of Induction)
* USAREC Form 180 (Acknowledgment of Service Obligation)
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* DA Form 2376 (Notification to State Adjutants General, Release from Active Duty of Obligated Reservist)

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 the cases 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.

2.  The applicant's military records show he was inducted into the Army of the United States on 17 February 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Special Orders (SO) Number 93, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY on 3 April 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, issued the following orders on/for:

* SO Number 122, 23 May 1969, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 124, 26 May 1969, awarding him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

5.  He served in Vietnam from 9 January 1970 through on or about 3 December 1970, during one campaign.  He was assigned to the 34th Infantry Platoon (Scout Dog), 1st Cavalry Division (Airmobile (AM)) and he served in the MOSs of 11B and 11F.

6.  Headquarters, 1st Cavalry Division (AM), issued the following orders on/for:

* General Orders (GO) 19871, 12 November 1970, awarding him the Bronze Star Medal for meritorious service in Vietnam from January 1970 to January 1971
* GO Number 22096, 23 December 1970, awarding him the Army Commendation Medal for meritorious achievement in Vietnam from May to October 1970

7.  He was honorably released from active duty on 4 December 1970 and he was transferred the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 9 months, and 8 days of total active service.  His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal (1st Award)
* Air Medal
* Bronze Star Medal

9.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and one overseas service bar, the Marksman Marksmanship Qualification Badge with Machine Gun (M-60) and Rifle (M-16) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  GO Number 43, issued by Headquarters, Department of the Army (DA) on 29 November 1972, awarded the Valorous Unit Award to members of the 34th Infantry Platoon, 1st Cavalry Division, for extraordinary heroism while engaged in military operations in Vietnam from 1 May through 29 June 1970.

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

   a.  The Combat Infantryman Badge is awarded to an infantry Soldiers satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

   b.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

12.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO Number 22096 issued by Headquarters 1st Cavalry Division (Airmobile), dated 23 December 1970 awarded the applicant the Army Commendation Medal for meritorious achievement for the period May to October 1970 during his period of service in Vietnam.  This award is not listed on his DD Form 214.

2.  With respect to award of the Combat Infantryman Badge, GO awarded the applicant's unit, the 34th Infantry Platoon, 1st Cavalry Division, the Valorous Unit Award for extraordinary heroism during his period of service in Vietnam.  He served in infantry MOS 11B while assigned to this infantry unit and his personal decorations confirm that he performed his duties admirably.  Notwithstanding the absence of orders for the Combat Infantryman Badge, the evidence shows he met the criteria for award of the Combat Infantryman Badge during his period of service in Vietnam.  This award is not shown on his DD Form 214.

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of service.  None of these badges is shown on his DD Form 214.

4.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  He meets the criteria for award of one bronze service star for wear on his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star.

5.  GO awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  These unit awards are not listed on his DD Form 214.

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:

* awarding him the Combat Infantryman Badge
* deleting from his DD Form 214 the Vietnam Service Medal 
* adding to this DD Form 214 the:

* Army Commendation Medal
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* issuing him a DD Form 215 listing these awards



      _______ _  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)                                         AR20150002683





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ABCMR Record of Proceedings (cont)                                         AR20150002683



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