IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011800 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150011800 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 1 April 1969 through 31 March 1971 (Standard Name Line: SP4, Headquarters and Headquarters Company, 4th Battalion, 70th Armorer, Fort Carson, CO); b. deleting from item 24 of his DD Form 214 all of the entries; and c. adding the following awards to item 24 of his DD Form 214 – * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar ______________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: 28 July 2016 DOCKET NUMBER: AR20150011800 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 military service records to show award of the Combat Infantryman Badge. 2. The applicant states he served as an infantryman with the 31st Infantry Regiment in the Republic of Vietnam (RVN). He was awarded the Combat Infantryman Badge, but it is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also states he was wounded in action, but he has been questioned about the validity of the Purple Heart that is shown on his DD Form 214. 3. The applicant provides copies of the reverse side of an award order, a DA Form 1594 (Daily Staff Journal or Duty Officer's Log), 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 applicant was inducted into the U.S. Army on 1 April 1969. He was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 29 (Qualification in Arms): Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * item 31 (Foreign Service), he served in Vietnam from 13 September 1969 through 13 September 1970 * item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 7 December 1969 * item 38 (Record of Assignments) – * Duty MOS (DMOS) 11C1O, Student (Americal Combat Center) – 23rd Administrative Replacement Detachment from 15 September 1969 through 26 September 1969 * DMOS 11C1O, Ammunition Driver – Company E, 4th Battalion, 31st Infantry, 196th Infantry Brigade, from 27 September through 30 September 1969 * DMOS 11B2O, Rifleman – Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade, from 1 October through 29 November 1969 * DMOS 11C1O, Radio Telephone Operator – Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade, from 30 November 1969 through 7 September 1970 * item 40 (Wounds): minor fragment wound, head, 4 January 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * 2 Overseas Service Bars * Purple Heart * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar 4. Headquarters, Americal Division, Special Orders (SO) Number 350, dated 16 December 1969, awarded the applicant the Combat Infantryman Badge. 5. The applicant's DD Form 214 shows he was honorably released from active duty on 31 March 1971. He had completed 2 years of total active service during this period that included 1 year and 1 day 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 * Purple Heart * Vietnam Service Medal with 2 Bronze Service Stars * RVN Campaign Medal with Device (1960) 6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 4 June 1970, casualty status code 24 (hostile wounded in action: not serious, not hospitalized). 7. In support of his application the applicant provides the following documents. a. The reverse side of Headquarters, Americal Division, SO Number 350, dated 16 December 1969, that awarded him the Combat Infantryman Badge. b. A Daily Staff Journal or Duty Officer's Log (page 1 of 2), for the period 0001 hours to 2400 hours, 4 June 1970, that shows, in pertinent part, in item 5, at 0340 hours, the applicant was wounded in action when he sustained a fragment wound to his head. 8. A request for 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 return any award orders pertaining to the applicant. 9. 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. 10. Headquarters, Third Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, SO Number 97, dated 14 May 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 11. Headquarters, Americal Division, General Orders Number 10207, dated 7 August 1970, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from September 1969 to September 1970. 12. A review of the applicant's military personnel record 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). Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. 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. 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 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. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns – * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. a. It shows during the applicant's period of assignment to the 4th Battalion, 31st Infantry, that Department of the Army General Orders (DAGO) Number 6 (1974) cited the battalion for award of the RVN Gallantry Cross with Palm Unit Citation for the periods: * 24 August 1969 to 31 December 1969 * 31 March 1970 to 30 June 1970 b. The pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION: 1. The evidence of record shows: a. special orders awarded the applicant the – * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar b. general orders awarded him the Army Commendation Medal; c. the applicant qualified for award of the VSM, he participated in four campaigns during his service in Vietnam, and he is authorized four bronze service stars for wear on his already-awarded VSM; and d. general orders awarded his unit two awards of the RVN Gallantry Cross with Palm Unit Citation. 2. The applicant served a period of continuous, honorable active duty enlisted service from 1 April 1969 through 31 March 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. The applicant was promoted to SP4/E-4, he was awarded the Army Commendation Medal for his service in the RVN, and he received all "excellent" conduct and efficiency ratings during his service. c. The available evidence indicates he met the criteria for award of the AGCM (1st Award). 3. The evidence of record shows the applicant was wounded in action in the RVN on 4 June 1970. Item 24 of his DD Form 214 shows the Purple Heart; however, it is the only award entry preceded by a semi-colon, which may be cause for someone to question the validity of the entry on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011800 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011800 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2