BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150008170 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 records to show all of his awards and decorations. 2. The applicant states, in effect, the Combat Infantryman Badge, Air Medal, and Good Conduct Medal were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides copies of his Purple Heart certificate and award letter; Army Commendation Medal citation, certificate, and orders; a 1st Air Cavalry Division letter of welcome; a 1st Air Cavalry Division service letter; and a DA Form 1577 (Authorization for Issuance of Awards). 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 23 September 1969, completed training and was awarded the military occupational specialty 11B (Light Weapons Infantryman). 3. On 19 November 1969, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 4. The applicant was wounded in action on 19 May 1970 and awarded the Purple Heart on 20 May 1970. 5. On 1 October 1970 he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar. 6. 1st Cavalry Division General Order Number 8351, dated 23 May 1970 awarded the applicant the Army Commendation Medal with "V" Device. The citation states the applicant was wounded in ground combat with the enemy. 7. The applicant's DA Form 20 (Enlisted Qualification Record) shows – * advancement to specialist four (E-4) * service in Vietnam from 9 March 1970 through 17 June 1970 * assignment in Vietnam to Company C, 1st Battalion, 12th Air Cavalry Regiment * all “excellent conduct and efficiency ratings of during his period of active service * service in Vietnam during two campaign periods * fragment wound to the right knee on 16 May 1970 * award of – * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Machinegun Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 8. The applicant was released from active duty on 2 September 1971. His DD Form 214 lists his awards as the – * National Defense Service Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 9. A DA Form 1577, dated 21 April 1972, provides the following: a. code numbers for awards circled – * 9 – Letter "V" Device * 10 – Air Medal * 12 – Army Commendation Medal * 13 – Purple Heart * 14 – Good Conduct Medal * 31 – National Defense Service Medal * 35 – Vietnam Service Medal * 37 – Combat Infantryman Badge b. in the award block it lists the following awards authorized for engraving and issue – * 14 – Good Conduct Medal * 31 – National Defense Service Medal * 35 – Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 10. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to Company C, 1st Battalion, 12th Air Cavalry Regiment, it was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 12. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Air Medal. 13. 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, 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. 14 U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal. a. It defined the departure point for the award of the Air Medal based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category Ill missions and a minimum of 100 hours of flight time engaged in Category Ill missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions). b. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status will be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit). The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late takeoff, accident, or incident," and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit." 15. Army Regulation 600-8-22 (Military Awards) sets forth the Army policy and procedures for award of the Combat Infantryman Badge, which has three basic requirements: an enlisted Soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and they must be personally present and under hostile fire while serving in that unit. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 omits his award of the Army Commendation Medal with "V" Device, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Handgrenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). It would be appropriate to include them on the DD Form 214. 2. The available record does not contain evidence to show authorization for award of the Good Conduct Medal; however, the applicant is shown to have distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations. It would be appropriate to award the applicant the Good Conduct Medal for his period of service from 23 September 1969 through 2 September 1971 and include it on his DD Form 214. 3. The available record does not contain evidence to show authorization for award the Combat Infantryman Badge; however, the applicant's Army Commendation Medal citation shows he was wounded in action while serving in an infantry unit in ground combat. As an infantryman performing infantry duties in a unit that was engaged in active ground combat he meets the eligibility requirements for award of the Combat Infantryman Badge. It would be appropriate to award the applicant the Combat Infantryman Badge and include it on his DD Form 214. 4. The available records do not contain evidence showing he was recommended for or awarded the Air Medal or that he met the Air Medal criteria in effect at the time. Therefore, there is no basis for granting this portion of the applicant’s request. 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 the applicant the Army Good Conduct Medal for his period of service from 23 September 1969 through 2 September 1971 and the Combat Infantryman Badge; and b. showing on his DD Form 214 that his authorized awards also include the – * Army Commendation Medal with "V" Device * Army Good Conduct Medal * Valorous Unit Award * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machinegun Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Grenade 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 award of the Air Medal. __________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) AR20150008170 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008170 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1