BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160001605 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: 11 May 2017 DOCKET NUMBER: AR20160001605 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 Combat Infantryman Badge; a. deleting from his DD Form 214 the Vietnam Service Medal; and b. adding to his DD Form 214 the: * Purple Heart (2nd Award) * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Vietnam Service Medal with one silver service star * 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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160001605 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 Purple Heart and Combat Infantryman Badge. 2. The applicant states he has a Purple Heart Certificate and his record shows his injuries were sustained while he was deployed. 3. The applicant provides: * DD Form 214 * page 4 of DA Form 20 (Enlisted Qualification Record) * Purple Heart Certificate * 2 Western Union Telegrams 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 28 April 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 shows he served as a rifleman in the Republic of Vietnam for the period 7 December 1967 through 3 December 1968 with Troop C, 2nd Squadron, 17th Cavalry (Airborne) Regiment, 101st Air Cavalry Division. This form further shows he was hospitalized on 20 June 1968. On 19 August 1968, he returned to duty with his unit in Vietnam. 4. Special Orders Number 121, issued by Headquarters, 3d Training Brigade (Infantry), U.S. Army Training Command, Fort Gordon, Georgia, on 8 August 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Badge (M-16). 5. Special Orders Number 128 issued by Headquarters, 3d Training Brigade (Infantry), U.S. Army Training Command, Fort Gordon, Georgia, on 17 August 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Badge (M-60). 6. On 27 April 1970, he was honorably released from active duty. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge 7. Permanent Orders 350-05, issued by the U.S. Army Human Resources Command (HRC) on 16 December 2015, awarded him the Purple Heart for wounds received as a result of hostile actions on 15 June 1968. 8. Permanent Orders 350-06, issued by HRC on 16 December 2015, awarded him the Purple Heart with one bronze oak leaf cluster for wounds received as a result of hostile actions on 24 August 1968. 9. Permanent Orders 350-07 issued by HRC on 16 December 2015, awarded him the Army Good Conduct Medal (1st Award) for the period 28 April 1967 to 27 April 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns: * Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April – 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July – 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) b. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the term "smaller size" infantry unit is a unit of squad, platoon, or company size. For example, personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for the Combat Infantryman Badge if other criteria are also met. 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 Troop C, 2nd Squadron, 17th Cavalry (Airborne) Regiment, 101st Air Cavalry Division, his unit was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 April through 15 August 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969; and for the period 15 August 1968 through 14 May 1969 by DAGO Number 43, dated 1970. b. Although not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual, official military personnel and historical records will indicate all awards received. DISCUSSION: 1. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). These badges are not shown on his DD Form 214. 2. Permanent orders awarded him the Purple Heart with one bronze oak leaf cluster and the Army Good Conduct Medal (1st Award), which have not been added to his DD Form 214. 3. The evidence of record shows the applicant participated in five campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect a silver service star. 4. The applicant's unit was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods coinciding with the applicant's assignment to the unit. These unit awards are not recorded on his DD Form 214. 5. The applicant service as a rifleman in a cavalry unit in Vietnam appears to have met the intent of the criteria published in U.S. Army Vietnam Regulation 672-1. The fact that he was twice awarded the Purple Heart further confirms his participation in active ground combat as an infantryman. This evidence supports a conclusion that he met the criteria for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001605 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001605 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2