IN THE CASE OF: BOARD DATE: 14. June 2016 DOCKET NUMBER: AR20150010932 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14. June 2016 DOCKET NUMBER: AR20150010932 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 1 July 1969 through 18 May 1971 (Standard Name Line: SGT, Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division (Airmobile), U.S. Army Vietnam); b. deleting all of the entries from item 24 of his DD Form 214; and c. adding the following awards to item 24 of his DD Form 214: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) and Automatic Rifle (M-16) Bars * Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars 2. The Board further determined 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 the Bronze Star Medal and Combat Infantryman Badge. _____________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. IN THE CASE OF: BOARD DATE: 14. June 2016 DOCKET NUMBER: AR20150010932 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 Bronze Star Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars. 2. The applicant states, in effect, he was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist) and served in the Republic of Vietnam (RVN). He was assigned to Company A, 1st Battalion (Airmobile), 327th Infantry, and he spent several months in the jungle as an infantryman. He was then assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 101st Airborne Division, where he served in MOS 11F as an operations noncommissioned officer (NCO) in the tactical operations center (TOC). He states that he was presented the Bronze Star Medal at a formation at Camp Eagle in April 1971 and his service in the RVN qualified him for award of the Combat Infantryman Badge. 3. The applicant provides copies of his marksmanship qualification badge orders, two assignment orders, and Bronze Star Medal certificate and citation. 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 U.S. Army on 1 July 1969. He was awarded MOS 11F. 3. The applicant's DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service): Vietnam service beginning 22 June 1970 * item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/E-5 on 17 March 1970 * item 38 (Record of Assignments), he served in Duty MOS 11F4O as – * Intelligence Specialist, Company A, 1st Battalion (Airmobile), 327th Infantry, from 7 July through 3 August 1970 * TOC NCO, HHC, 1st Brigade, 101st Airborne Division (Airmobile), from 4 August 1970 through 12 May 1971 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * RVN Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar 4. Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders (SO) Number 240, dated 28 August 1969, in pertinent part, shows the applicant was awarded the following badges: * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar 5. Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, SOs awarded the applicant the following marksmanship qualification badges: * SO Number 273, dated 30 September 1969 – Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar * SO Number 291, dated 18 October 1969 – Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar 6. Headquarters, 101st Airborne Division (Airmobile), SO Number 186, dated 5 July 1970, assigned the applicant to Company A, 1st Battalion, 327th Infantry, 101st Airborne Division (Airmobile), effective 7 July 1970. 7. Headquarters, 101st Airborne Division (Airmobile), SO Number 234, dated 22 August 1970, assigned the applicant to HHC, 1st Brigade, 101st Airborne Division, effective 4 August 1970. 8. Headquarters, 101st Airborne Division (Airmobile), General Orders (GO) Number 15214, dated 30 December 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN during the period 1 July to 30 November 1970. 9. The applicant's DD Form 214 shows he entered active duty this period on 1 July 1969, was honorably released from active duty on 18 May 1971, and transferred to the U.S. Army Reserve Control Group (Annual Training). He had completed 1 year, 10 months, and 18 days of net active service this period that included 10 months and 26 days of foreign service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * Vietnam Service Medal * Army Commendation Medal * RVN Campaign Medal with Device (1960) 10. A review of the applicant's military personnel records failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). This review revealed that item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. In addition, a DA Form 137 (Installation Clearance Record), dated 13 May 1971, shows the applicant's commanding officer rated his conduct and efficiency as "excellent." 11. A further review of the applicant's military personnel records failed to reveal any orders or other evidence that he was awarded the Bronze Star Medal or the Combat Infantryman Badge. 12. In support of his application he provides a copy of a DA Form 4980-5 (Bronze Star Medal Certificate) and Citation that shows he was awarded the Bronze Star Medal for meritorious achievement in the RVN during the period June 1970 to April 1971. The certificate shows Major General Thomas M. T____, Commanding General, 101st Airborne Division (Airmobile), signed the certificate on 4 April 1971. 13. A request for review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of GOs 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 individual award orders pertaining to the applicant. REFERENCES: 1. 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Vietnam Service Medal (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. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Sanctuary Counteroffensive (1 May1970 - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) d. The Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Department of the Army General Orders Number 8 (1974) announced award of the RVN 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. 4. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 5. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show award of the Bronze Star Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Grenade Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar. 2. The applicant's request for award of the Bronze Star Medal was carefully considered. a. The Bronze Star Medal certificate and citation the applicant provides in support of his request are acknowledged. b. However, there are no orders or other evidence in the applicant's military service records or in the ADCARS data base that shows he was awarded the Bronze Star Medal. c. The regulatory guidance governing award of the Bronze Star Medal is clear. Specifically, announcement of the award in orders is required. 3. If the available evidence is found insufficient as a basis for correcting the applicant's records to show award of the Bronze Star Medal, this would in no way affects his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 1130. 4. The applicant's request for award of the Combat Infantryman Badge was carefully considered. a. Records show the applicant held and he served in Duty MOS 11F as an intelligence specialist while assigned to Company A, 1st Battalion (Airmobile), 327th Infantry, and then as the TOC NCO while assigned to HHC, 1st Brigade, 101st Airborne Division, during his tour of duty in the RVN. b. The regulatory guidance governing award of the Combat Infantryman Badge that was in effect at the time is clear. Specifically, it shows that award of the Combat Infantryman Badge was limited to infantryman who served in active ground combat. c. There are no orders or other evidence in the applicant's military service records that shows he was awarded the Combat Infantryman Badge. 5. The evidence of record shows: * the applicant qualified for award of the VSM, he participated in two campaigns during his service in Vietnam, and he is authorized two bronze service stars for wear on his already-awarded VSM * GOs awarded the applicant's unit the RVN Gallantry Cross with Palm Unit * SOs awarded the applicant the – * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) and Automatic Rifle (M-16) Bars * Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar 6. The applicant served a period of continuous, honorable active duty enlisted service from 1 July 1969 through 18 May 1971. 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) and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the Army Commendation Medal for meritorious achievement in the RVN. d. The available evidence indicates he met the criteria for award of the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010932 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010932 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2