IN THE CASE OF: BOARD DATE: 9 October 2014 DOCKET NUMBER: AR20140004298 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 he was awarded the Combat Infantryman Badge (CIB). 2. The applicant states he was awarded the CIB and it is not recorded on his DD Form 214. 3. The applicant provides copies of his CIB orders. 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 into the Army of the United States on 17 April 1968. He held military occupational specialty 11D (Armor Intelligence Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that during his service in Vietnam he was assigned to H Troop, 17th Cavalry, 198th Infantry Brigade, as a senior scout observer from 17 October 1968 through 30 September 1969. Additionally, this item shows his conduct and efficiency ratings were “excellent.” 4. He was honorably released from active duty on 16 April 1970 as a specialist four (SP4)/E-4. He had completed 2 years of creditable active duty service. His DD Form 214 lists his authorized awards as the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar 5. In support of his request he provides a copy of Special Orders Number 133, Headquarters, Americal Division, dated 13 May 1969, showing he was awarded the CIB. 6. 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. 7. 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 four campaigns: * Counteroffensive Phase V (1 July – 1 November 1968) * Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * Tet 69/Counteroffensive (23 February – 8 June 1969) * Summer – Fall 1969 (9 June – 31 October 1969) 8. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. Special orders show the applicant was awarded the CIB. 2. The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to SP4, receipt of personal decorations, 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. 3. Records show he participated in four campaign periods during his service in Vietnam. Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. During his service in Vietnam, his unit was cited for award 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 17 April 1968 to 16 April 1970; and b. amending his DD Form 214 to delete the Vietnam Service Medal and add the following awards: * Army Good Conduct Medal * Combat Infantryman Badge * Vietnam Service Medal with four bronze service stars * 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. ABCMR Record of Proceedings (cont) AR20100025029 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004298 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1