IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150016577 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: 21 March 2017 DOCKET NUMBER: AR20150016577 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: * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Combat Infantryman Badge * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation ______________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: 21 March 2017 DOCKET NUMBER: AR20150016577 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB) and all other unit awards he is eligible to receive. 2. The applicant states: a. He has orders justifying award of the CIB. He placed his life on the line for his country. The military should not have any problems correcting a failure to document earned medals or awards. He also requests that all awards Company B, 2nd Battalion, 37th Infantry, 9th Infantry Division, received for meritorious service during combat at the time that he served with the unit be added to his DD Form 214. b. He operated as a noncommissioned officer (NCO) of a combatant squad and unofficial platoon leader in combat situations. He is providing orders awarding him the CIB. He participated in numerous hostile situations which could, should, and would have recommended him for meritorious awards had the actions he participated in not occurred in combat situations where he was the senior NCO. c. He has been invited to join a prestigious CIB organization that required documentation of the CIB award. Since it is apparently not recognized he does not want to endure the potential humiliation and wishes an immediate remedy. He arrived in Vietnam just after the Tet Counteroffensive, as an emergency replacement where he was reassigned due to the suffered 30 percent casualties. Fortunately, his previous intensive combat training prepared him for combat operations. He hopes this information is helpful in simplifying the recognition he believes he deserves. 3. The applicant provides copies of the following: * DD Form 47 (Record of Induction), page 2 * Special Orders Number (SO) 48 * Pacific Stars and Stripes news article * 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 the cases 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. 2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case. 3. His available military records show he was inducted into the Army of the United States on 7 February 1968 and he held military occupation specialty 11B (light weapons infantryman). 4. He provided the following: * SO Number 48, issued by Headquarters, 9th Infantry Division on 17 February 1969, awarding him Combat Infantryman Badge (1st Award) * Pacific Stars and Stripes news article, dated 19 February 1969, pertaining to the 39th Infantry's battalion commander being killed in action in Vietnam 5. His available military record is void of his exact dates of service in Vietnam (the date of his departure for service in Vietnam and the date of his return to the continental United States). 6. He was honorably released from active duty on 23 February 1969 and he was transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he was credited with completing 1 year and 17 days of active service. This form lists in: * Item 12 (Last Duty Assignment and Major Command) – 2nd Battalion, 38th Infantry, 9th Infantry Division, U.S. Army Pacific (Vietnam) * Item 22c (Foreign Service and/or Sea Service) – 1 month and 25 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Item 30 (Remarks) – no Vietnam service dates REFERENCES: 1. Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal. 2. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states the Tet Counteroffensive began on 30 January 1968 and ended on 1 April 1968. 3. Department of the Army General Order Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam. DISCUSSION AND CONCLUSIONS: 1. SO awarded the applicant the CIB during his period of Vietnam service. His DD Form 214 does not list this award. 2. Based on his award of the CIB and evidence listed on his DD Form 214 he meets the criteria for one award of the bronze service star to be added to his already-awarded Vietnam Service Medal. His DD Form 214 does not list this bronze service star. 3. General orders also award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to duty in Vietnam. His DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016577 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016577 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2