IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004168 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: a. The following awards: * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge b. Foreign service in Vietnam as ending 20 May 1971 instead of 20 May 1970. 2. He states when he completed his tour in Vietnam, he was sent to a processing center at Fort Lewis, WA as part of a group of several hundred returning Soldiers. The clerks at this processing center did not adequately check his records. 3. The applicant provides no additional documentary evidence. 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's available service record contains a DD Form 215 (Correction to DD Form 214), dated 5 May 2011, issued by the National Archives and Records Administration. This form shows the applicant's DD Form 214 for the period ending 21 May 1971 was corrected by adding a Bronze Star Medal. Because this portion of the applicant's request has already been addressed, it will not be further discussed in these Proceedings. A copy of the DD Form 215 will be provided to the applicant. 3. The applicant's records show he was inducted into the Army of the United States on 28 May 1969. 4. He was released from active duty on 21 May 1971. His DD Form 214 shows he completed 1 year, 11 months, and 14 days of total active service. Item 22c (Foreign and/or Sea Service) indicates service in U.S. Army Pacific Command (USARPAC) for 1 year, 6 months, and 18 days. a. Item 23a (Specialty Number and Title) states his military occupational specialty (MOS) was 11C (Infantry Indirect Fire Crewman). b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as amended by a DD Form 215, lists the following: * Bronze Star Medal * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) c. Item 30 (Remarks) indicates Vietnam Service from 4 October 1970 to 20 May 1970 . 5. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 22 (MOS) shows his primary MOS was 11C. b. Item 31 (Foreign Service) contains the following entries: * U.S. Army Europe - Germany from 23 October 1969 through 4 October 1970 * USARPAC - Vietnam from 4 October 1970 through 20 May 1971 (his Expiration of term of service (ETS)) c. The entry addressing Vietnam service shows the applicant has qualifying service for one campaign: Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971). d. Item 38 (Record of Assignments) shows the applicant's conduct and efficiency ratings were all "Excellent" throughout his period of service. It also shows, while in Vietnam, he was assigned to Company E, 2nd Battalion (Airmobile), 502nd Infantry Regiment from 9 October 1970 to on or about 15 May 1971 and performed duties in the MOS of 11C. e. Item 41 (Awards and Decorations) does not list either the award of the Republic of Vietnam Campaign Medal with Device (1960) or the Combat Infantryman Badge. 6. No derogatory information was found in the applicant's available service record. 7. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. During Vietnam, the Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who had an infantry MOS. The Soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have been personally present and actively participated in such ground combat while under hostile fire. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 stated 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 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. c. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 9. 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 all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. The applicant requests amendment of his DD Form 214 to correctly show his service in Vietnam, and to show the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal with Device (1960). 2. His DD Form 214 currently shows his service in Vietnam as 4 October 1970 to 20 May 1970. Clearly the latter date is a typographical error as the date of departure pre-dates his date of entry to Vietnam. Additionally, his DA Form 20 reflects his tour as being from 4 October 1970 to 20 May 1971. The evidence supports changing the year from 1970 to 1971. 3. He has qualifying service for the award of the Republic of Vietnam Campaign Medal with Device (1960). Additionally, he has qualifying service for one campaign, which is not shown with his already-awarded Vietnam Service Medal. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. None of these awards appear on this DD Form 214. 4. It appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 28 May 1969 through 21 May 1971. It would be appropriate to award him this medal and correct his DD Form 214 to show this award. His records revealed the following: * there is no derogatory information in his available record * he received all "excellent" ratings for conduct and efficiency throughout his term of service 5. A search of both the applicant's available service record failed to reveal any orders for the Combat Infantryman Badge. Additionally, his DA Form 20 does not reflect he received this award. a. He clearly meets two of the three criteria for this award in that he was an infantryman who, based on his conduct and efficiency ratings, apparently performed infantry duties in a satisfactory manner and was assigned to an infantry unit during such time as the unit was engaged in active ground combat. There is no clear evidence, however, that he was personally present and actively participated in ground combat while under hostile fire. b. If, within 1 year of the Board's decision, the applicant is able to provide a copy of orders showing the award of the Combat Infantryman Badge, or evidence such as witness statements (normally at least two), wartime chain of command endorsements, and/or unit reports which specifically name the applicant as an active participant in action with the enemy, he is encouraged to resubmit his request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 28 May 1969 through 21 May 1971 and b. deleting from his DD Form 214 for the period ending 21 May 1971 the Vietnam Service Medal and adding the following awards – * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 correcting his DD Form 214 for the period ending 21 May 1971 to show the 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. ABCMR Record of Proceedings (cont) AR20150004168 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004168 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1