BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000976 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 BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000976 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 adding the following awards to his DD Form 214: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 correction of his DD Form 214 to show award of the Combat Infantryman Badge and overseas service bars. __________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: 7 September 2017 DOCKET NUMBER: AR20160000976 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 reflect award of the Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and, in effect, two overseas service bars. 2. The applicant states the Board should consider his application due to his honorable service in Vietnam while serving in the Regular Army. 3. The applicant provides: * DD Form 214 * U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 09-1257330, dated 24 October 1973 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 27 October 1967. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he was assigned to Company B, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division, in Vietnam from 22 April 1968 through 2 April 1969. His duty military occupational specialty (MOS) was 11B (Infantryman) and his principal duties while in Vietnam were rifleman and team leader; b. item 39 (Campaigns), he participated in four campaigns during this period; and c. item 41 (Awards and Decorations), he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars. 4. His records contain a memorandum, dated 22 July 1969, addressed to the Commanding Officer, 4th Infantry Division, Attention: Awards and Decorations, subject: Status of Award – Combat Infantry Badge, stating the applicant requested assistance obtaining orders awarding him the Combat Infantry Badge. The memorandum states applicant was formerly assigned to Company D, 1st Battalion, 8th Infantry Regiment, 4th Infantry Division, from April 1968 through April 1969 and served in MOS 11B, which complies with regulatory MOS criteria pertaining to award of the Combat Infantryman Badge. The memorandum further requests information as to whether the award was approved and, if so, requests that orders be furnished as soon as possible for award presentation. 5. There is no evidence of record showing award of the Combat Infantryman Badge was approved. 6. He was released from active duty under honorable conditions on 16 February 1971 after completing 2 years, 11 months, and 24 days of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Second Class Gunner Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The basic requirements for award of the Combat Infantryman Badge are as follows: the Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed infantry duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. b. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. . A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 2. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. A bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in this regulation or appropriate Department of the Army message. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. The overseas service bar is an item of uniform wear, not an award or decoration. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: a. 1st Battalion, 8th Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 in Department of Army General Orders Number 3, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 10 October 1966 through 31 October 1969 in Department of Army General Orders Number 53, dated 1970 b. Company B, 1st Battalion, 8th Infantry Regiment, was awarded the Presidential Unit Citation for the period 25 May 1968 through 26 May 1968 in Department of Army General Orders Number 75, dated 1969. DISCUSSION: 1. General orders announced award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the unit the applicant was assigned to in Vietnam. His DD Form 214 does not show these unit awards. 2. He met the qualifications for award of the Vietnam Service Medal and is authorized four bronze service stars by virtue of his participation in four campaigns. His DD Form 214 does not show this service medal. 3. He met the qualifications for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show this award. 4. His records contain a memorandum inquiring as to the status of award of the Combat Infantryman Badge; however, there is no evidence of record showing award of the Combat Infantryman Badge was approved. Although his records show he was an infantryman performing infantry duties and assigned to an infantry unit in Vietnam, there is no evidence that he actively participated in ground combat, which is a requirement for award of the Combat Infantryman Badge. 5. The overseas service bar is not normally entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration. His DD Form 214 appropriately does not reflect his overseas service bars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000976 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000976 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2