IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014113 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 IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014113 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. awarding him the Combat Infantryman Badge; b. deleting from his DD Form 214 for the period ending on 31 May 1980 the Vietnam Service Medal and Army Commendation Medal (2nd Oak Leaf Cluster); and c. adding to his DD Form 214 for the period ending on 31 May 1980 the Combat Infantryman Badge, Army Commendation Medal (3rd Award) with "V" Device, and the Vietnam Service Medal with three bronze service stars. ___________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. IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150014113 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) for the period ending on 31 May 1980 to show award of the Combat Infantryman Badge (CIB). 2. He states he participated in combat operations in 1969 to 1970 while assigned to C Company, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, in the Republic of Vietnam (RVN). He adds he is eligible for the CIB based on his active engagement with enemy forces during his service with his infantry battalion. 3. He provides: * Orders 2469, dated 2 March 1970 * Orders 7020, dated 22 June 1970 * Orders 8795, dated 12 August 1970 * Orders 10252, dated 18 October 1970 * Web pages from www.virtualwall.org 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 military records for his first period of military service (18 June 1969 to 26 January 1972) are not available to the ABCMR for review. His records were on loan to another agency. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of his case. 3. Records available to the Board show the applicant enlisted in the Regular Army (RA) on 18 June 1969. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 4. Headquarters, 25th Infantry Division, General Orders Number 2469, dated 2 March 1970, show he was awarded the Army Commendation Medal (ARCOM) with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 5 February 1970. The standard name line shows he was assigned to C Company, 1st Battalion, 27th Infantry Regiment. 5. Headquarters, 25th Infantry Division, General Orders Number 7020, dated 22 June 1970, show he was awarded the ARCOM (First Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force in the RVN from 1 April 1970 to 31 May 1970. The standard name line shows he was assigned to C Company, 1st Battalion, 27th Infantry Regiment. 6. Headquarters, 25th Infantry Division, General Orders Number 8795, dated 12 August 1970, show he was awarded the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 9 July 1970. The applicant "exposed himself to a hail of enemy fire as he made several assaults against the well entrenched hostiles to allow a pinned down element to withdraw." The standard name line shows he was assigned to C Company, 1st Battalion, 27th Infantry Regiment. 7. Headquarters, 25th Infantry Division, General Orders Number 10252, dated 18 October 1970, show he was awarded the Air Medal for his meritorious achievement while participating in aerial flight from 5 February to 23 September 1970. The standard name line shows he was assigned to C Company, 1st Battalion, 27th Infantry Regiment 8. The applicant was honorably released from active duty on 26 January 1972. He was credited with completing 2 years, 7 months, and 9 days of active duty service. His DD Form 214 does not show the CIB. 9. On 1 June 1976, he again enlisted in the RA. He served in the RA for 4 years and was honorably discharged on 31 May 1980. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal (VSM) * Air Medal * Army Good Conduct Medal (2nd Award) * ARCOM (2nd Oak Leaf Cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded. c. In the case of multiple "V" devices for the same award, only one "V" device is worn on a service ribbon. d. Appendix B states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following three campaigns: * Vietnam Winter – Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May1970 - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971 DISCUSSION: 1. The applicant's record shows he served in an infantry MOS and he was assigned to C Company, 1st Battalion, 27th Infantry Regiment, during his service in the RVN. The orders awarding him the ARCOM with "V" Device on two separate occasions confirm he participated in active ground combat. The evidence indicates he met the criteria for award of the CIB, which is not listed on his DD Form 214. 2. The evidence of record also shows he received three awards of the ARCOM, two with "V" Devices. However, his DD Form 214 for the period ending 31 May 1980 lists ARCOM (2nd Oak Leaf Cluster) indicating the third award and does not show the "V" Device. 3. Although the exact dates of his service in the RVN are unknown, based on his award of the Air Medal, it appears he served in the RVN from on or about 5 February to 23 September 1970. His DD Form 214 reflects award of the VSM; however, it does not include three bronze service stars to denote his participation in three campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014113 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014113 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2