IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110013217 


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 the Combat Infantryman Badge.

2.  The applicant states his records were lost at the time of discharge.

3.  The applicant provides his DD Form 214.

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 13 December 1965 and held military occupational specialty 11C (Infantry Indirect Fire Crewman).
3.   He served in Vietnam from on or about 1 December 1966 to on or about     24 November 1967.  He was assigned to Company B, 5th Battalion, 60th Infantry, 9th Infantry Division.

4.  Special Orders Number 46, issued by Headquarters, 9th Infantry Division, awarded him the Combat Infantryman Badge.

5.  He was honorably released from active duty on 24 November 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Good Conduct Medal
* Purple Heart

6.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase II; 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III; 1 June 1967 - 29 January 1968

7.  Headquarters, Department of the Army General Orders Number 43, dated 1970, awarded the 5th Battalion, 60th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from December 1966 to June 1968.

8.  Headquarters, Department of the Army General Orders Number 59, dated 1969, awarded the 5th Battalion, 60th Infantry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show this badge.


2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  For clarity, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his Vietnam Service Medal.

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 adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   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)                                         AR20110013217



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ABCMR Record of Proceedings (cont)                                         AR20110013217



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