IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150004361 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 the Combat Infantryman Badge. 2. The applicant states he was awarded the Combat Infantryman Badge on 11 March 1969 in Vietnam. His DD Form 214 does not list this award. He served as a combat infantryman in Vietnam and this award is very important to him. 3. The applicant provides copies of the following: * Special Orders Number (SO) 70 * DD Form 214 * Honorable Discharge Certificate 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 military records show he was inducted into the Army of the United States on 9 July 1968 and he held military occupation specialty 11B (light weapons infantryman). 3. Headquarters, U.S. Army Training Center, Fort Polk, LA, issued the following orders on/for: * SO Number 225, 5 September 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 268, 22 October 1968, awarding him the Expert Marksmanship Qualification Badge with Mortar Bar (81mm) * SO Number 273, 28 October 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He served in Vietnam from 9 December 1968 through 13 July 1969, during two campaigns. He was assigned to: * 23rd Adjutant General Administration Company Replacement Detachment from 12 through 24 December 1968 * Company B, 1st Battalion, 20th Infantry, 11th Infantry Brigade, from 25 December 1968 through 5 July 1969 * Medical Holding Company, 249th General Hospital, from 6 through 12 July 1969 5. SO Number 70, issued by Headquarters, Americal Division on 11 March 1969, awarded him the Combat Infantryman Badge. 6. He was honorably released from active duty in the rank/grade of specialist four (SP4/E-4) on 8 July 1970 and he was transferred to the U.S. Army Reserve Control Group. He was credited with completing 2 years of net active service. His DD Form 214 lists the: * National Defense Service Medal * Purple Heart * Vietnam Campaign Medal * Vietnam Service Medal with two bronze service stars 7. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings from 17 July 1968 through 13 July 1969 and "unknown" ratings while he was in a patient status; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service * Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and two overseas service bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), and the Expert Marksmanship Qualification Badge with Mortar Bar (81mm) 8. 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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital. 9. Army Regulation 600-8-22 (Military Award) states a bronze service star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation. It also states awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders (DAGO). 10. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 1st Battalion, 20th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 2 November 1968 through 28 February 1969, by DAGO Number 2, dated 1971. DISCUSSION AND CONCLUSIONS: 1. SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), Expert Marksmanship Qualification Badge with Mortar Bar (81mm), and Combat Infantryman Badge during his period of service. None of these badges are shown on his DD Form 214. 2. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 9 July 1968 through 8 July 1970, serving in Vietnam and earning the Purple Heart, attaining the rank/grade of SP4/E-4, and receiving "excellent" conduct and efficiency ratings from July 1968 through July 1969. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal (1st Award). 3. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. This unit award is not listed on his DD Form 214. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 9 July 1968 through 8 July 1970 * adding to this DD Form 214 the: * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Mortar Bar (81mm) * Combat Infantryman Badge * 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) AR20150004361 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004361 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1