IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150011335 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: 5 May 2016 DOCKET NUMBER: AR20150011335 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 adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150011335 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 Army Good Conduct Medal and Combat Infantryman Badge. 2. The applicant states he served in the Army from 15 November 1967 to 14 November 1969. He should have been awarded the Army Good Conduct Medal. He also saw heavy combat during his 1-year service in Vietnam but never received the Combat Infantryman Badge. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 15 November 1967. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist). 3. Following completion of MOS training, he served in Vietnam from on or about 9 May 1968 to on or about 8 May 1969. He was assigned the 228th Supply and Service Company (Direct Support), U.S. Army Support Command. 4. General Orders (GO) Number 42, issued by Headquarters, 714th Transportation Battalion, Fort Eustis, VA, on 8 October 1969, awarded him the Army Good Conduct Medal (1st Award) for service from 15 November 1967 through 14 December 1969. 5. He was honorably released from active duty on 23 November 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with 1960 device * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. There are no special orders that show he was awarded the Combat Infantryman Badge. His DA Form 20 (Enlisted Qualification Record) does not show he was trained in or held an infantry MOS, that he was assigned or attached to an infantry unit, or that he was awarded the Combat Infantryman Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states 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. 2. Department of the Army GO Number 39, dated 1970, awarded the 228th Supply and Service Company the Meritorious Unit Commendation for service from 15 February to 15 August 1969. 3. Department of the Army GO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units from 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units from 20 July 1965 to 28 March 1973. DISCUSSION: 1. GO awarded the applicant the Army Good Conduct Medal (1st Award). This award is not listed on his DD Form 214. 2. GO awarded the applicant's unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service with the unit. Neither unit award is shown on his DD Form 214. 3. With respect to the Combat Infantryman Badge: a. 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. b. The applicant completed basic combat and advanced individual training and he was awarded MOS 76P. He then served in Vietnam from November 1968 to November 1969. During this period, he served in duty MOS 76P in a service and supply unit. c. There is no evidence he held an infantry MOS, he was assigned or attached to an infantry unit in Vietnam, or that he actively participated in ground combat while assigned or attached to an infantry unit during such time as the unit is engaged in active ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011335 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011335 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2