BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002661 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: AR20160002661 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: * deleting award of the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 – * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 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 award of the Air Medal and 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: 7 September 2017 DOCKET NUMBER: AR20160002661 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 all awards to which he is entitled, to include the Army Commendation Medal, Combat Infantryman Badge, and Air Medal. 2. The applicant states he enclosed a copy of his ARCOM Citation. 3. The applicant provides * DA Form 20 (Enlisted Qualification Record) * ARCOM Certificate, dated 28 April 1969 * ARCOM Citation * DD Form 214 * Lake County Veterans Service Office letter, dated 13 January 2016 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 27 May 1968. 3. His DA Form 20 shows he held the military occupational specialty (MOS) 11B (Infantryman) and served in Vietnam from 11 November 1968 through 8 August 1969, where he was assigned: * as a rifleman to Company B, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division, from 21 November 1968 through 5 December 1968 * as a senior rifleman to Company D, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division, from 6 December 1968 through 2 August 1969 * as a senior rifleman to Company D, 3d Battalion, 39th Infantry Regiment, 9th Infantry Division, from 3 August 1969 through 8 August 1969 4. He participated in three campaigns during this period. 5. His records contain: * Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Special Orders Number 121, dated 10 July 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Headquarters, U.S. Army School/Training Center and Fort McClellan, Special Orders Number 222, dated 11 September 1968, awarding him the First Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Headquarters, U.S. Army School/Training Center and Fort McClellan, Special Orders Number 232, dated 23 September 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Headquarters, 9th Infantry Division, General Orders Number 5032, dated 28 April 1969, awarding him the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from November 1968 to April 1969 6. He provided an Army Commendation Medal Certificate, dated 28 April 1969, which states the Army Commendation Medal was awarded to him for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period November 1968 to April 1969. 7. He also provided a copy of the Army Commendation Medal Citation, which states, "The Army Commendation Medal is presented to [Applicant], United States Army, who, through his unswerving effort and professional ability obtained outstanding results despite the adverse conditions incident to a combat environment, during the period November 1968 to April 1969. With a sense of urgency to complete the mission, he set an example that inspired his associates to strive for maximum performance. His outstanding actions materially contributed to the efforts of the United States in its counterinsurgency role in the Republic of Vietnam. His praiseworthy achievement and dedicated initiative are in keeping with the highest traditions of the military service and reflect great credit upon himself, the 9th Infantry Division and the United States Army." 8. He was honorably released from active duty as an overseas returnee on 17 May 1970 after completing 1 year, 11 months, and 21 days of active duty service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal 9. His records do not contain orders for award of the Air Medal or Combat Infantryman Badge. 10. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Air Medal pertaining to the applicant. His award of the Army Commendation Medal is listed in this index. 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 Air Medal is awarded in times of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; such as, personnel in the attack elements of units involved in air-land assaults against an armed enemy. c. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 2. 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 2d Battalion, 60th Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1969 through June 1969 in Department of Army General Orders Number 59, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 in Department of Army General Orders Number 55, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 in Department of Army General Orders Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 through 20 July 1970 in Department of Army General Orders Number 55, dated 1971 DISCUSSION: 1. The applicant's records contain orders awarding him the Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), First Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not reflect these awards and badges. 2. General orders announced award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations to the unit to which the applicant was assigned in Vietnam. His DD Form 214 does not show these unit awards. 3. He was authorized award of the Vietnam Service Medal with three bronze service stars. His DD Form 214 does not show any bronze service stars with the Vietnam Service Medal. 4. There is no evidence of record the applicant met the qualifications for the Combat Infantryman Badge. Although he held MOS 11B and was assigned to a qualifying unit, there is no indication he was personally present and under hostile fire or engaged in ground combat while serving in that capacity. A review of his Army Commendation Certificate, Citation, and orders show he was awarded the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period November 1968 to April 1969. While he engaged in military operations against a hostile force, the language does not specify the type of military operations or that they involved his participation in active ground combat. 5. There is no evidence of record he participated in aerial flight while in Vietnam or otherwise met the qualifications for award of the Air Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002661 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002661 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2