IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150009284 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 IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150009284 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 Army Good Conduct Medal (1st Award) for the period of service from 13 February 1969 - 12 February 1971; b. Awarding him the Combat Infantryman Badge for the period of service from 11 - 31 August 1969; and c. Amending his DD Form 214 with an effective of 12 February 1971 by adding the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Valorous Unit Award * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation ___________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: 24 March 2016 DOCKET NUMBER: AR20150009284 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 award of the Combat Infantryman Badge. 2. The applicant states on 19 July 1969 he arrived in the Republic of Vietnam and he was assigned to the Americal Division, 11th Light Infantry Brigade. His military occupational specialty (MOS) was 11B (Light Weapons Infantryman). While his DD Form 214 (Report of Separation from Active Duty) does not show he was awarded the Combat Infantryman Badge, it did show the Bronze Star Medal which indicates participation in ground operations against hostile forces. He humped a M60 machinegun and was in five to six firefights. He lost his M60 ammo man on 16 August 1970 (sic, 1969) due to a rocket propelled grenade (RPG). Between 13 and 17 October 1969 he lost his best friend and two others. 3. The applicant provides: * DD Form 214 with an effective date of 12 February 1971 * certificate for the award of the Bronze Star Medal * a portion of a Department of Veterans Affairs (VA) examination * a portion of a VA Rating Decision 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. On 13 February 1969, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded MOS 11B. 3. He served in the Republic of Vietnam from 16 July 1969 - 31 December 1969. He participated in two campaigns. He was assigned to: * A Company, 3rd Battalion, 1st Infantry as a rifleman from 29 July - 7 August 1969 * B Company, 3rd Battalion, 1st Infantry as a rifleman from 8 August - 2 November 1969 * Medical Holding Company, 106th General Hospital as a patient from 3 - 23 November 1969 * 23rd Adjutant General Admin Company Replacement Detachment as a student from 24 November - 1 December 1969 * B Company, 3rd Battalion, 1st Infantry as a rifleman from 2 - 31 December 1969 4. Headquarters, Americal Division General Orders Number 314, dated 8 January 1970 awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 29 July - 21 October 1969. 5. Headquarters, 2nd Armored Division, Fort Hood, TX Special Orders Number 100, dated 10 April 1970, awarded the applicant MOS 64A (Light Vehicle Driver) effective 16 March 1970. 6. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Combat Infantryman Badge. 7. On 12 February 1971, he was released from active duty by reason of the expiration of his term of active service. He completed 2 years of active service that was characterized as honorable. He was recommended for reenlistment. His DD Form 214 shows he was awarded or authorized the: * Vietnam Service Medal with 2 bronze service stars * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar * 1st Class Gunner Badge with Machinegun Bar 8. There is no evidence the applicant was disqualified by his chain of command from receiving the first award of the Army Good Conduct Medal. The available evidence does not show any indiscipline or lost time. His records do not contain any adverse information. His records show he received "excellent" conduct and efficiency ratings throughout his period of service. 9. The applicant provided a certificate showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period from July 1969 to November 1969. There are no orders in his MPRJ awarding him the Bronze Star Medal. 10. A review by the U.S. Army Human Resources Command (HRC) of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of HRC, failed to reveal any orders awarding him the Bronze Star Medal. 11. Department of the Army General Orders 43, dated 29 November 1972 awarded the 196th Infantry Brigade, 23rd Infantry (Americal) Division and its assigned and attached units, including the 3rd Battalion, 1st Infantry, the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 11 - 31 August 1969. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. The 3rd Battalion, 1st Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 24 August - 31 December 1969. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. b. The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 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 * the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year DISCUSSION: 1. Orders show he was awarded the Army Commendation Medal. 2. The applicant's records do not show any indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his period of military service, and there is no record of a commander's disqualification. He completed less than 3 years active service but more than 1 year. The evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 13 February 1969 - 12 February 1971. 3. The applicant held MOS 11B and he was assigned to an infantry company. According to the citation for the award of the Valorous Unit Award, the 196th Infantry Brigade, 23rd Infantry (Americal) Division, of which his battalion was a part, was cited for extraordinary heroism while engaged in military operations during the period 11 - 31 August 1969. 4. In the absence of evidence showing he was anywhere other than with his assigned unit during the period of the award of the Valorous Unit Award, there is sufficient evidence to show he served in active ground combat and award him the Combat Infantryman Badge. 5. He was assigned to the 2nd Battalion, 1st Infantry during the period the unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 6. The Bronze Star Medal is not shown on his DD form 214. There are no orders in his MPRJ awarding him the Bronze Star Medal. HRC's review of ADCARS failed to reveal orders awarding him the Bronze Star Medal. If the applicant has a copy of the orders awarding him the Bronze Star Medal, he may submit them with a request for inclusion of the Bronze Star Medal on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009284 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009284 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2