BOARD DATE: 12 July 2016 DOCKET NUMBER: AR20150012108 BOARD VOTE: ___x______ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 July 2016 DOCKET NUMBER: AR20150012108 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 award of the Vietnam Service Medal from item 24 of his DD Form 214 and b. adding the following awards to item 24 of his DD Form 214: * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge ___________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. BOARD DATE: 12 July 2016 DOCKET NUMBER: AR20150012108 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. He states he received the CIB, but it was not listed on his DD Form 214. 3. He provides his DD Form 214 and a photocopy of his DD Form 214 with the CIB placed over the form. 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 13 June 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 18 November 1967 to on or about 15 November 1968. It also shows in: a. item 38 (Record of Assignments), he was assigned to: * Headquarters and Headquarters Company, 1st Battalion, 503d Infantry Regiment, 173d Airborne Brigade (Separate) from 21 November 1967 to 18 December 1967 * Company A, 3d Battalion, 12th Infantry Regiment, 4th Infantry Division, from 19 December 1967 to 14 November 1968 b. item 41 (Awards and Decorations), Headquarters, 4th Infantry Division, Special Orders 103 awarded him the CIB. 4. His DD Form 214 shows he was honorably released from active duty on 12 June 1969 and credited with completing 2 years of total active service. This form also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the VSM for participation in each credited campaign. A silver service star is worn in lieu of five bronze service stars. His records indicate he participated in the following campaigns during his service in the RVN: * Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) * Tet Counteroffensive (30 January 1968-1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) 2. 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 3d Battalion, 12th Infantry Regiment, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders Number 3, dated 1970, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Orders Number 53, dated 1970. DISCUSSION: 1. The applicant's DA Form 20 verifies he was awarded the CIB. 2. The evidence also shows he participated in five campaigns during his service in Vietnam. He was already awarded the VSM, but the entry on his DD Form 214 does not show a silver service star with this medal. 3. The evidence shows he is authorized award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012108 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012108 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2