IN THE CASE OF: BOARD DATE: 8 July 2014 DOCKET NUMBER: AR20130019733 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 award of the Combat Infantryman Badge and all other authorized awards. 2. The applicant states he spent a year in Vietnam and was in many firefights. He needs proof of combat service for Department of Veterans Affairs (VA) compensations and benefits. 3. The applicant did not provide any supporting documentation. 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 was inducted on 2 June 1970. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) that he was assigned to Company B, 1st Battalion, 12th Cavalry, 3rd Brigade, 1st Cavalry Division, in Vietnam, from 27 December 1970 to 10 December 1971. b. item 41 (Awards and Decorations) shows the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Commendation Medal * Air Medal 4. His DA Form 20 shows all his conduct and efficiency ratings were “excellent.” 5. He was honorably released from active duty on 11 December 1971 as a specialist four (SP4)/E-4. He had completed 1 year, 6 months, and 10 days of creditable active duty service. His DD Form 214 lists his authorized awards as the: * National Defense Service Medal * Air Medal * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant. 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, the applicant participated in the following three campaigns: * Counteroffensive Phase VII 1 July 1970 - 30 June 1971 * Consolidation I 1 July - 30 November 1971 * Consolidation II 1 December 1971 - 29 March 1972 9. 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 the unit to which the applicant was assigned was cited for award of the: a. Valorous Unit Award for the period 25 September-25 October 1971 by Department of the Army General Order (DAGO) Number 5, dated 1985; and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970-28 February 1971 by DAGO Number 42, dated 1972; and 17 September 1965-June 1972 by DAGO Number 54, dated 1974. DISCUSSION AND CONCLUSIONS: 1. The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of personal awards, promotion to SP4, and "excellent" conduct and efficiency ratings. There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal. It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight. Therefore, he should be awarded the first award of the Army Good Conduct Medal. 2. His DA Form 20 shows he was awarded the Combat Infantryman Badge. 3. Records show he participated in three campaign periods during his service in the Vietnam. Therefore, he is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. During the applicant's service in Vietnam, his unit was cited for award of the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 5. His DD Form 214 should be corrected to show these awards. BOARD VOTE: ____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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 2 June 1970 to 11 December 1971; and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * three bronze service stars for wear on his already-awarded Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) ______________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) AR20100025029 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130019733 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1