IN THE CASE OF: BOARD DATE: 3 September 2008 DOCKET NUMBER: AR20080006776 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 records to show award of the Vietnam Service Medal, the Combat Infantryman Badge, and all awards and decorations he earned as a result of his military service from 1963 to 1966. 2. The applicant states, in effect, that his awards and decorations were left off due to an administrative oversight. 3. The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 8 July 1966, in support of his application. 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 enlisted in the Regular Army for a period of 3 years on 9 July 1963. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 8 July 1966. The highest rank/grade he attained during his military service was specialist four (SP4)/E-4 (Temporary). 3. The applicant’s records show he arrived in the Republic of Vietnam on 16 August 1965 and was assigned to Company C, 2nd Battalion, 5th Cavalry, 1st Cavalry Division. His Vietnam tour was interrupted when he departed Vietnam on 8 January 1966 on emergency leave and was subsequently assigned to the 28th Artillery Group in Selfridge, Michigan. 4. Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214 dated 21 September 1965, shows he was awarded the National Defense Service Medal, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Item 24 does not show award of the Vietnam Service Medal and/or the Combat Infantryman Badge. 5. Headquarters, 1st Cavalry Division, Special Orders Number 120, dated 29 October 1965, show the applicant was awarded the Combat Infantryman Badge. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. This medal 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. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows Company C, 2nd Battalion, 5th Cavalry, was cited for award of the Presidential Unit Citation, from 23 October 1965 to 26 November 1965, based on Department of the Army General Order Number 40, dated 1967; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 9 August 1965 to 19 May 1969, based on Department of the Army General Order Number 59, dated 1969. 8. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign, 8 March 1965 to 24 December 1965; and the Vietnam Counteroffensive Campaign, 25 December 1965 to 30 June 1966, during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. DISCUSSION AND CONCLUSIONS: 1. Special Orders awarded the applicant the Combat Infantryman Badge, which is not shown on his records. Therefore, he is entitled to correction of his records to show this award. 2. The evidence of record shows that the applicant served a qualifying period for award of the Vietnam Service Medal. Furthermore, the applicant participated in two campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with two bronze service stars. 3. General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Presidential Unit Citation, which are not shown on his records. Therefore, he is entitled to correction of his records to show these unit awards. BOARD VOTE: __xxx___ __xxx___ __xxx___ 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 showing award of the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation. XXX ______________________ 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) AR20080006776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006776 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1