IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150003573 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 his correct last unit of assignment and award of the Combat Infantryman Badge (CIB). 2. The applicant states that he was assigned to Company B, 4th Battalion, 9th Infantry, 25th Infantry Division, while serving in the Republic of Vietnam (RVN) and he was awarded the CIB. He adds that he lost his identification (dog) tags and asks if there is any way to get a new set. 3. The applicant provides a copy of the front page of his CIB award orders and his 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 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 U.S. Army does not issue/reissue identification tags to individuals who are no longer serving in the U.S. Army. However, the applicant is advised that there are commercial dealers who sell military insignia and accoutrements, including identification tags, from whom the item(s) may be purchased. As such, this issue will not be discussed further in this Record of Proceedings. 3. The applicant was inducted into the U.S. Army on 26 March 1968. Upon completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was promoted to sergeant (SGT)/pay grade E-5 on 7 November 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served in Vietnam from 18 December 1968 through 17 December 1969 * item 38 (Record of Assignments), he was assigned to the 4th Battalion, 9th Infantry, 25th Infantry Division, in the following units: * Company B from 25 December 1968 through 18 August 1969 * Company E from 19 August through 12 December 1969 * item 41 (Awards and Decorations): * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar * Parachutist Badge * Vietnam Service Medal (VSM) * Combat Infantryman Badge * Bronze Star Medal * 2 Overseas Service Bars 5. Special Orders (SOs) issued by Headquarters, 25th Infantry Division (RVN), pertaining to the applicant show the following: * SO Number 358, dated 23 December 1968, assigned him to Company B, 4th Battalion, 9th Infantry, effective 25 December 1968 * SO Number 24, dated 24 January 1969, awarded him the CIB, effective 24 January 1969 * SO Number 227, dated 15 August 1969, assigned him to Company E, 4th Battalion, 9th Infantry, effective 19 August 1969 * SO Number 317, dated 13 November 1969, reassigned him from Company E, 4th Battalion, 9th Infantry, 25th Infantry Division, U.S. Army Vietnam (USARV), to the U.S. Army Transfer Station, Oakland, CA, on 19 December 1969, for separation processing 6. A DD Form 214 shows the applicant was honorably released from active duty (REFRAD) on 17 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). He had completed 1 year, 8 months, and 22 days of total active duty service that included 11 months and 29 days of foreign service. It also shows in: * item 12 (Last Duty Assignment and Major Command): Company E, 4th Battalion, 9th Infantry, 25th Infantry Division, USARV * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * RVN Campaign Medal * Vietnam Service Medal 7. A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214. a. Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center (USATC), Fort Gordon, GA, SO Number 89, dated 10 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. b. SO issued by Headquarters, 3rd Advanced Individual Training Brigade, USATC (Infantry), Fort Gordon, GA, pertaining to the applicant show award of the following badges: * SO Number 148, dated 27 July 1968 – the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar * SO Number 150, dated 29 July 1968 – the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar c. Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, GA, SO Number 225, dated 12 September 1968, awarded him the Parachutist Badge. d. Headquarters, U.S. Army Quartermaster School, Fort Lee, VA, SO Number 239, dated 15 November 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar. e. Headquarters, 25th Infantry Division (RVN), General Orders (GO) Number 12247, dated 29 September 1969, awarded him the Bronze Star Medal for meritorious service in the RVN from December 1968 to December 1969. 8. 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, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 4th Battalion, 9th Infantry Regiment, was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971 10. Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service, except for one period of less than 1 month that was rated "unknown." A review of the applicant's military personnel records failed to reveal any adverse or derogatory information. This review also failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). 11. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 12. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the: * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet Counteroffensive 1969 (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) 13. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows for: * item 12, for personnel assigned on orders to a transfer activity prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION AND CONCLUSIONS: 1. The applicant contends his records should be corrected to show his last unit of assignment was Company B, 4th Battalion, 9th Infantry, 25th Infantry Division, and that he was awarded the CIB. 2. The evidence of record shows the applicant was assigned to: * Company B, 4th Battalion, 9th Infantry, 25th Infantry Division, from 25 December 1968 through 18 August 1969 * Company E, 4th Battalion, 9th Infantry, 25th Infantry Division, from 19 August through 12 December 1969 * U.S. Army Transfer Station, Oakland, CA, on 19 December 1969 a. The instructions for completing the DD Form 214 state the losing unit of assignment shown on the order reassigning the individual to the transfer activity will be entered in item 12. b. Thus, the entry in item 12 of his DD Form 214 is correct. 3. The evidence of record also shows: a. the applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam, which entitles him to four bronze service stars for wear on his already-awarded VSM: b. SO awarded him the: * Combat Infantryman Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar (was his latest qualification with the M-16 Rifle) c. GOs awarded him the Bronze Star Medal; d. GOs awarded the applicant's unit the: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation 4. The applicant served a period of continuous, honorable active duty enlisted service from 26 March 1968 through 17 December 1969. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SGT (E-5) with less than 19 months of active duty and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the Bronze Star Medal for meritorious service. d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 26 March 1968 through 17 December 1969. 5. In view of the foregoing, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 26 March 1968 through 17 December 1969 (Standard Name Line: SGT, Company E, 4th Battalion, 9th Infantry, 25th Infantry Division); b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and c. adding to item 24 of his DD Form 214 the – * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with (M-14) Rifle Bar * Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar * Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his last unit/duty assignment. ___________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) AR20150003573 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003573 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1