IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003057 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 IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003057 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars and Sharpshooter Marksmanship Qualification Badge and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * deleting from item 30 of this form the entry "9 Years General Education" and replacing it with the entry "12 Years General Education" 2. The Board further determined that 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 Combat Infantryman Badge and/or Combat Action 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. IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003057 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 in: * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) – the Army Good Conduct Medal * Item 30 (Remarks) – "12 Years General Education" instead of "9 Years General Education" * award of the Combat Infantryman Badge and/or Combat Action Badge, if he is eligible 2. The applicant states the education listed in item 30 of his DD Form 214 must have been a typographical error. The paperwork for the Army Good Conduct Medal was not timely processed prior to his separation. He noticed the errors pertaining to the award and education when he was filing a Department of Veterans Affairs claim. He would like his DD Form 214 to be corrected. 3. The applicant provides: * high school diploma * Tropic Lighting news article * General Orders (GO) Number 24 * 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 the cases 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. 2. The applicant provides a copy of his high school diploma stating he graduated from Abraham Lincoln High School, Philadelphia, PA, on 13 June 1968. 3. He was inducted into the Army of the United States (AUS) on 15 April 1969 and he held military occupation specialty (MOS) 13B (Field Artillery Crewman). 4. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 12 September 1969 to 11 September 1970. It also shows he was assigned to Battery A, 2nd Battalion, 77th Artillery, 25th Infantry Division. 5. He also provides a copy of a Tropic Lighting news article titled "Redlegs Hold Their Own," dated 17 August 1970, pertaining to the members of Battery A, 2nd Battalion, 77th Artillery, employment of artillery support in Vietnam. 6. His records contain and he provides GO Number 24, issued by Headquarters, 75th Infantry Division on 16 March 1971, awarding him the Army Good Conduct Medal for the period 15 April 1969 to 14 April 1971. 7. He was honorably released from active duty on 14 April 1971 and he was transferred to the U.S Army Reserve Control Group. He was credited with completing 2 years of active service. His DD Form 214 lists in: * Item 24 – * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device 1960 * Army Commendation Medal * Bronze Star Medal * two overseas service bars * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge * Item 30 – 9 Years of general education 8. His DA Form 20 lists in: * Item 32 (Civilian Education) – he received a diploma from Lincoln High School, Philadelphia, PA, in 1968 * Item 41 (Awards and Decorations) – all the awards listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 9. His record is void of any orders awarding or authorizing him the Combat Infantryman Badge during his period of service in Vietnam. REFERENCE: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H . b. The Combat Action Badge was created on 2 May 2005 to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award of the Combat Action Badge for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. c. Appendix B states a bronze service star is awarded for wear on the VSM for participation in each campaign. His record indicates he participated in the following four campaigns: * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1969) * Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) 2. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 24 – would lists all decorations, service medals, campaign credits, and badges awarded or authorized. awards authorized during the period covered by the form * Item 30 – would lists the highest civilian education level attained 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows his unit 2nd Battalion, 77th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by DAGO 5, dated 1973. DISCUSSION: 1. GO awarded the applicant the Army Good Conduct Medal (1st Award) for service from 15 April 1969 to 14 April 1971. His DD Form 214 does not reflect this award. 2. His DA Form 20 confirms he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16). His DD Form 214 does not reflect these badges. 3. His DD Form 214 reflects award of the Vietnam Service Medal with two bronze service stars. However, his record shows he participated in four campaigns. His DD Form 214 does not reflect the four bronze service stars he is authorized to wear with his Vietnam Service Medal. . 4. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period coinciding with his service in the unit. . His DD Form 214 does not reflect this unit award. 5. The evidence of record confirms he graduated from Lincoln High School in 1968. His DD Form 214 does not show he completed 12 years of general education. 6. With respect to award of the Combat Infantryman Badge, he served in MOS 13B during his period of service in Vietnam. He was also assigned to an artillery unit. During the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 7. With respect to award of the Combat Action Badge, he served in the Army from 1969 to 1971. The Combat Action Badge is authorized for service from 18 September 2001 to a date to be determined. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003057 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003057 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2