ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 December 2020 DOCKET NUMBER: AR20200005370 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: .Purple Heart .Air Medal .Presidential Unit Citation .Combat Infantryman Badge .Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: .DD Form 149 (Application for Correction of Military Record) .Vietnam Combat Certificate .General Orders Number 11711 (Purple Heart) .General Orders Number 12230 (Air Medal) .DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file. 2.The applicant states the Purple Heart, Combat Infantryman Badge, Presidential UnitCitation, Air Medal, and the Army Good Conduct Medal awards were authorized but notannotated on discharge. He had nothing awarding the Army Good Conduct Medal buthe did complete his full tour of duty and was honorably discharged. 3.The applicant provides: a.A Vietnam combat certificate for his service with Company D, 1st Battalion, 12th Cavalry of the 1st Cavalry Division (Airmobile) in Vietnam from June 1968 to June 1969 for which he is deserving of the honors and respect afforded all members of the first team whose courageous deeds and sacrifices have preserved the liberty of South Vietnam and advanced the cause of freedom throughout the world. Further, the certificate stated. The First Team arrived in the central highlands of the Republic of Vietnam in September 1965, and within 75 days had met and defeated the enemy in the historic Pleiku Campaign. For this outstanding achievement, the 1st Cavalry Division (Airmobile) was awarded the Presidential Unit Citation, for another “First:” First Division to Receive the Presidential Unit Citation in Vietnam. b.General Orders (GO) Number 11711, 3 September 1968, Headquarters, 1st Cavalry Division, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force, on 29 August 1968, while assigned to Company D, 1st Battalion, 12th Cavalry c.GO Number 12230, 16 September 1968, Headquarters, 1st Cavalry Division(Airmobile), awarded him the Air Medal for notorious achievement while participating in aerial flight in the Republic of Vietnam. 4.The applicant's records contain sufficient evidence to support additional awards notshown on his DD Form 214. His DD Form 214 will be administratively corrected withoutBoard action to show award of the: .Air Medal .Purple Heart .4 instead of 3 bronze service stars with his Vietnam Service Medal .Republic of Vietnam Gallantry Cross with Palm Unit Citation .Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation .Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) .Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) .Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless) 5.The Board will consider the Army Good Conduct Medal, Combat Infantryman Badge,and Presidential Unit Citation. 6.Review of the applicant’s service records shows: a.He was inducted into the Army of the United States on 15 June 1967. He servedin the military occupational specialty of 11B (Light Weapons Infantryman). b.He served in Vietnam from 5 June 1968 to 4 June 1969, through 4 campaigns,while assigned to Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division, in MOS 11B. c.His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record ofAssignments) he received conduct and efficiency ratings of excellent and in item 41 (Awards and Decorations): .National Defense Service Medal .Republic of Vietnam Campaign Medal with “1960” device .Vietnam Service Medal with three bronze service stars .Bronze Star Medal .Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) .Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) .Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless) .2 Overseas Bars d.On 4 June 1969, he was honorably released from active duty. His DD Form 214shows he completed 1 year, 11 months, and 20 days of active service, with no lost time. It also shows he was awarded or authorized: .National Defense Service Medal .Vietnam Service Medal .Vietnam Campaign Medal .Bronze Star Medal e.His file contains no special orders and he provides none to show he was awardedthe Combat Infantryman Badge, or general orders to show award the Army Good Conduct Medal. 7.By regulation AR 600-8-22 (Military Awards), for award of the Combat InfantrymanBadge, a Soldier must meet three requirements: .be an infantryman satisfactorily performing infantry duties .be assigned to an infantry unit during such time as the unit is engaged in activeground combat; .actively participate in such ground combat 8.Also by regulation (U.S. Army Vietnam Regulation 672-1 (Decorations and Awards)),the Combat Infantryman Badge may be authorized to infantry personnel who weremembers of infantry platoons and squads in armored cavalry squadrons and regiments. 9.By regulation (AR 600-8-22), the Army Good Conduct Medal may be awarded toSoldiers upon termination of a period of active Federal military service of more than 1year but less than 3 years. The regulation in effect at the time required that the Soldierhave all “excellent” conduct and efficiency ratings and no convictions by court-martial. 10.According to DA Pamphlet 672-3, the 1st Battalion, 12th Cavalry was awarded thePresidential Unit Citation from 23 October 1965 to 26 November 1965, by Departmentof the Army General Orders (DAGO) Number 40, dated 1967 and from 2 to 3 October1966 by DAGO Number 47, dated 1968. The applicant was not assigned to this unitduring either period.BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. Evidence in the record show the applicant served in the military occupational specialty of 11B (Light Weapons Infantryman) and was assigned to 1st Battalion, 12th Cavalry, 1st Cavalry Division. Based on governing regulation the applicant met the criteria to be awarded the Combat Infantryman Badge. The Board determined the applicant's service record did not reflect he was awarded the AGCM and his record shows he received "excellent" conduct and efficiency ratings throughout his service. He did not meet criteria for a PUC. Therefore, partial relief was granted tocorrect the applicant’s record and award him the Army Good Conduct Medal and the Combat Infantryman Badge. Prior to closing the case, the Board did note and concurs with the corrections stated in the administrative notes below, and recommended the correction is completed to moreaccurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XXX XX XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 amending the DD Form 214 for the period ending 4 June 1969 to show award of the Army Good Conduct Medal and the Combat Infantryman Badge (CIB) 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 Presidential Citation Award. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 4 June 1969. As a result, amend his DD Form 214 by adding: .Air Medal .Purple Heart .Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO Number 56,dated 1969 .Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, DAGO Number 42, dated 1972 .4 bronze service stars to his already awarded-Vietnam Service Medal .Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) .Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) .Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless) REFERENCES: 1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge. 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 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. 3. Army Regulation 600-8-22 also states, the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service of more than 1 year but less than 3 years. The regulation in effect at the time required that the Soldier have all “excellent” conduct and efficiency ratings and that the Soldier have no record of conviction by court-martial. 4. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated the criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 5. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), Appendix V 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. It also states the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 6. Department of the Army 672-3 (Unit Citations and Campaign Participation Credit Register) shows the 1st Battalion, 12th Cavalry was awarded the Presidential Unit Citation from 23 October 1965 to 26 November 1965, by Department of the Army General Orders (DAGO) Number 40, dated 1967 and from 2 to 3 October 1966 by DAGO Number 47, dated 1968. 7. Department of the Army 672-3 (Unit Citations and Campaign Participation Credit Register) shows the applicant’s unit was awarded the: . Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 by DAGO Number 56, dated 1969 . Republic of Vietnam Civil Actions Honor Medal, Foreign Citation for service from 1 January 1969 to 1 February 1970, by DAGO Number 42, dated 1972 //NOTHING FOLLOWS//