IN THE CASE OF: BOARD DATE: 18 August 2011 DOCKET NUMBER: AR20110003390 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show: * award of the Combat Infantryman Badge (CIB) * his blood type (also known as blood group) "O-" 2. He states: * he has documentation for the CIB * his blood type is incorrect 3. He provides: * DD Form 214 * Special Orders * Lab Report 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 was inducted into the Army of the United States on 12 July 1967 and was awarded military occupational specialty (MOS) 11E (Armor Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (MOS) - primary MOS (PMOS) 11E, Armor Crewman, awarded 26 June 1966; b. item 31 (Foreign Service) - Republic of Vietnam from 29 September 1968 to 4 July 1969; c. Item 38 (Record of Assignments) - Troop B, 3rd Squadron, 5th Armored Cavalry Regiment, 9th Infantry Division, from 8 October 1968 to 8 January 1969 in duty MOS 11E with duties as an armor crewman; d. Item 38 he was assigned to Troop C, 1st Squadron, 11th Armored Cavalry Regiment from 9 January to 25 June 1969 in duty MOS 11E with duties as a gunner and tank commander; and e. Item 41 (Awards and Decorations) does not show award of the CIB. 4. His DD Form 214 shows: a. He was honorably released from active duty on 5 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). b. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the CIB. c. Item 30 (Remarks) blood group "O+." 5. He submitted the first page of Special Orders Number 126, issued by Headquarters, 11th Armored Cavalry Regiment, dated 14 May 1969, which show he was awarded the CIB. 6. He submitted a report from Quest Diagnostics Incorporated, which shows his blood group and rhesus (RH) factor as "O-." 7. A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973; and Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1973. 9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM. It states that a bronze service star is authorized for wear with this award for each campaign a member is credited with participating in. Appendix B shows that during his service in the RVN, the applicant participated in the following four campaigns: * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69, Counteroffensive (23 February - 8 June 1969) * Vietnam Summer - Fall, 1969 (9 June - 31 October 1969) 10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version of this regulation in effect at the time directs that the service member’s "blood group" from the Immunization Record or the DA Form 20 will be entered in item 30 of the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. Special orders show the applicant was awarded the CIB. Therefore, he is entitled to have his DD Form 214 corrected to show the CIB. 2. Evidence indicates his blood group is "O-." Therefore, he is entitled to have his DD Form 214 corrected to show his blood group as "O-." 3. Orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation for actions during his period of assignment. Therefore, he is entitled to have his DD Form 214 corrected to show this award. 4. Records show he participated in four campaigns during his service in the RVN. Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded VSM. 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: a. deleting: * the VSM from item 214 of his DD Form 214 * "O+" from item 30 of his DD Form 214 b. adding the following awards to item 24 of his DD Form 214: * Combat Infantryman Badge, Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation c. adding to item 30 of his DD Form 214: * "O-" ____________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) AR20110003390 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1