ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20190005817

APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 2 October 1970 to show 
the correct spelling of his last name, and that he was awarded the Air Medal (AM), the 
Army Commendation Medal (ARCOM), and the Combat Infantryman Badge (CIB.)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Military Identification Card
*	A letter from the Office of the Adjutant General (TAG), dated 31 March 1971
*	General Orders Number 7245, issued by Headquarters, 9th Infantry Division, 
dated 23 June 1969
*	AM Citation
*	A website printout of an Orders Extract from the 2nd Battalion, 60th Infantry

FACTS:

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.  

2.  The applicant states:

a.	His last name is incorrectly spelled on his DD Form 214, it should be 
"" instead of "."

b.	He was awarded the CIB on 12 April 1968, as shown on orders extract from the 
2nd Battalion, 60th Infantry, with the incorrect year.

c.	He was awarded the ARCOM and the AM.   


3. The Board will not consider the applicant's request for the AM or correction of the 
spelling of his last name.  These portions of the applicant's request will be addressed 
through an administrative correction.  

4.  A review of his military records does not show award of the CIB or the ARCOM.  
Additionally, his record reflects he was assigned to Company B, 2nd Battalion, 60th 
Infantry, 9th Infantry Division in the Republic of Vietnam (RVN) from 15 October 1968 to 
6 April 1969.

5.  The applicant provides a letter issued by TAG, dated 31 March 1971, which states, 
"The commander of the organization in which you served on active duty has awarded 
you the AM and the ARCOM".  

6.  The applicant provides a document obtained from a website, entitled "2nd Battalion, 
60th Infantry, Orders Extract" that shows he was awarded the CIB on 12 April 1965.

7.  Pursuant to Army Regulation 600-8-22 (Military Awards), there are three basic 
requirements for the CIB.  The member must have held an infantry MOS; have served 
with a qualifying infantry unit of brigade, regimental, or smaller size; and must have 
been personally present and participated while his unit was actively engaged in ground 
combat with enemy forces.  

8.  On 2 October 1970, the applicant was placed on the retired list.  His DD Form 214 
shows in:

a.	Item 23a (Specialty Number and Title) –11B40 (Light Weapons Infantryman),

b.	Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) – 

*	Purple Heart (2nd Award)
*	Army Good Conduct Medal
*	National Defense Service Medal
*	Vietnam Service Medal with three bronze service stars
*	Vietnam Campaign Medal with 1960 Device
*	Overseas Service Bar
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
9.  Army Regulation 600-8-22 (Military Awards) states, the ARCOM, as with all personal 
decorations, requires a formal recommendation, approval through the chain of 
command, and announcement in orders.  




BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service to include his service in Vietnam, his awards and decorations to include two 
awards of the Purple Heart, and the circumstances around and the reason for his 
separation.  The Board considered the additional evidence provided by the applicant 
found sufficient evidence to support an award of the CIB and the ARCOM.  The Board 
concurred with the corrections stated in the Administrative Note(s) below.  

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 amending his DD Form 
214 for the period of service ending 2 October 1970 to reflect, in addition to the 
corrections stated in the Administrative Note(s) that follow (items 1 and 24), in item 24 
(DECORATIONS, MEDALS, BADGES, COMMENDATIONS, CITATIONS AND 
CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) – “Combat Infantryman Badge” 
and “Army Commendation Medal.”


	  
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.

ADMINISTRATIVE NOTE(S):

1.  General Orders Number 7245 shows the applicant was awarded the AM for 
meritorious achievement. 

2.  He is authorized the following unit awards:

*	RVN Civil Actions Honor Medal First Class (FC) Unit Citation, pursuant to the 
Department of the Army General Order (DAGO) Number 58, 1969
*	RVN Gallantry Cross with Palm Unit Citation

3.  The applicant’s last name on his DD Form 214 was a typographical error.  His record 
shows the correct spelling of his last name as "" vice "."




REFERENCES:

1.  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.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative 
instructions concerning individual and unit military awards.

a.	The CIB is awarded to infantry officers, warrant officers, and enlisted personnel
possessing 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.  
Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and 
Awards) provides that during the Vietnam era, the Combat Infantryman Badge was 
awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 
11G, or 11H.

b.	The ARCOM may be awarded to any member of the Armed Forces of the United 
States who, while serving in any capacity with the Army after 6 December 1941, 
distinguishes himself or herself by heroism, meritorious achievement, or meritorious 
service.  As with all personal decorations, formal recommendations, approval through 
the chain of command, and announcement in orders are required.

3.  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 that during his assignment to the Company B, 2nd Battalion, 60th Infantry, 9th 
Infantry Division, his unit was cited for the RVN Civil Actions Honor Medal, FC Unit 
Citation, for service during the period 19 December 1966 – 28 June 1969, by DAGO 
Number 58, dated 1969.

ABCMR Record of Proceedings (cont)	   AR20190005817	
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