IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016910 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: 4 April 2017 DOCKET NUMBER: AR20150016910 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. deleting from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214 – * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150016910 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB). 2. The applicant states he was an infantryman serving in the Republic of Vietnam assigned to an infantry unit. He was engaged in numerous firefights during his tour and he did not receive the CIB. 3. The applicant provides a copy of 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 enlisted in the Regular Army on 31 August 1965. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he was stationed in the Republic of Vietnam from 4 July 1967 to 1 July 1968; b. Item 38 (Record of Assignments), he was further assigned to: (1) Company B, 2nd Battalion, 14th Infantry Regiment, from 11 July 1967 through 3 March 1968; and (2) Company C, 4th Battalion, 9th Infantry Regiment, from 4 March through 27 June 1968. 4. Special Orders Number 190, published by Headquarters, 3rd Training Brigade, on 30 December 1965 awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 5. Special Orders Number 257, published by Headquarters, 25th Infantry Division, on 14 September 1967 awarded him the CIB. 6. On 1 July 1968, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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 is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the Company B, 2nd Battalion, 14th Infantry Regiment his unit was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971; and the b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 20 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971. DISCUSSION: 1. Special orders awarded him the CIB and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). These badges are not shown on his DD Form 214. 2. The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. These bronze service stars are not reflected on his previously awarded Vietnam Service Medal. 3. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. These unit awards are not shown 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) AR20150016910 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016910 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2