IN THE CASE OF: BOARD DATE: 4 March 2014 DOCKET NUMBER: AR20130012226 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 Combat Infantryman Badge (CIB). 2. The applicant states he was awarded the CIB while serving in Vietnam. 3. The applicant provides no additional documentation. 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. On 23 August 1966, he was inducted into the Army of the United States. He was awarded military occupational specialty 63C (General Vehicle Repairman) and the highest rank he held was specialist five/pay grade E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he was credited with service in Vietnam from 20 January 1967 through 20 January 1968 * item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry, 1st Infantry Division, performing duties as a wheel vehicle mechanic during the period 2 February 1967 to 16 January 1968 * item 41 (Awards and Decorations), Expert Marksmanship Qualification Badge with Rifle Bar 4. Special Orders Number 148, issued by Headquarters, 1st Infantry Division, dated 28 May 1967, awarded him the CIB. 5. General Orders Number 1753, issued by Headquarters, 1st Infantry Division, dated 28 February 1968, show he was awarded the Army Commendation Medal (ARCOM) for meritorious service during the period March 1967 to January 1968. 6. On 22 August 1968, he was honorably released from active duty. He completed 2 years of active service. 7. The DD Form 214 he was issued for this period shows the: * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Army Good Conduct Medal 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with four campaigns: * Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 16th Infantry, 1st Infantry Division, was awarded the following during his assignment to the unit: * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 * RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965-7 April 1970 DISCUSSION AND CONCLUSIONS: 1. Special orders awarded him the CIB. Therefore, he is entitled to have this award added to his DD Form 214. 2. General orders awarded him the ARCOM. Therefore, he is entitled to have this award added to his DD Form 214. 3. He participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for his participation. 4. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards. 5. His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to have this badge added to his DD Form 214. 6. In view of the foregoing, he is entitled to have his records corrected as shown below. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined 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: a. deleting from his DD Form 214 the VSM and b. adding to his DD Form 214 the: * CIB * ARCOM * VSM with two bronze service stars * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with 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) AR20130012226 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012226 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1