BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000126 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 BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000126 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 11 February 1969 through 14 September 1970. b. Amending his DD Form 214 for the period ending 14 September 1970 as follows: (1) Delete the Vietnam Service Medal. (2) Add the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) * 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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000126 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 his already-awarded Combat Infantryman Badge. He also requests the addition of any awards for which he is eligible for his Vietnam service. 2. The applicant states, in effect, he was awarded the Combat Infantryman Badge during his Vietnam service. It is missing from his DD Form 214, but he was able to locate a copy of the orders for this award. He is not sure what other awards or citations are missing. 3. The applicant provides Special Orders (SO) Number 287, dated 14 October 1969, 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 Army of the United States on 11 February 1969. He held military occupational specialty 11B (Light Weapons Infantryman). 3. His available service record contains the following: a. DA Form 20 (Enlisted Qualification Record) indicating he received conduct and efficiency ratings of "Excellent" through his active service. b. SO Number 77, dated 8 April 1969, issued by Headquarters, U.S. Army Training Center (Air Defense), awarding the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. SO Number 80, dated 11 April 1969, issued by Headquarters, U.S. Army Training Center (Air Defense), awarding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). d. SO Number 100, dated 16 May 1969, issued by Headquarters, Second Advanced Individual Training Brigade, awarding the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). e. No derogatory information that would indicate the applicant's commander disqualified him for the Army Good Conduct Medal. 4. He served in Vietnam from 12 July 1969 to 14 September 1970. He has qualifying service for four campaigns: * Vietnam Summer - Fall 1969 (9 June to 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970) * Sanctuary Counteroffensive (1 May to 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June1971) 5. He was honorably released from active duty on 14 September 1970. His DD Form 214 shows he completed 1 year, 7 months, and 4 days of net active creditable service. He was awarded or authorized: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. The applicant provides SO Number 287, dated 14 October 1969, issued by Headquarters, Americal Division, awarding him the Combat Infantryman Badge (1st Award). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. To be awarded the Combat Infantryman Badge, the Soldier must meet three basic requirements for award of the Combat Infantryman Badge; the Soldier must: * be an infantryman satisfactorily performing infantry duties * be assigned to an infantry unit during such time as the unit is engaged in active ground combat * have actively participated in such ground combat b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 2. 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 served entirely during the period 7 December 1941 to 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-martial. 3. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DAGO Number 8, dated 1974. DISCUSSION: 1. SO awarded him the Combat Infantryman Badge. It is not listed on his DD Form 214. 2. SO also show he was awarded the following marksmanship qualification badges: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) 3. His service in Vietnam qualifies him for four bronze service stars; these would be added to his already-awarded Vietnam Service Medal. In addition, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The service stars and unit award are not shown on his DD Form 214. 4. The evidence indicates he met the criteria for the Army Good Conduct Medal (1st Award) for the period 11 February 1969 through 14 September 1970. * he received conduct and efficiency ratings of "Excellent" throughout his military career * there is no record of derogatory information or courts-martial * he was awarded the Air Medal for meritorious achievement while participating in aerial flight and the Combat Infantryman Badge, which required him to have satisfactorily performed infantry duties //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000126 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2