IN THE CASE OF: BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20150011833 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: 23 June 2016 DOCKET NUMBER: AR20150011833 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 amending his DD Form 214 for the period ending 17 October 1972 by: * deleting from item 24 the Vietnam Service Medal * adding to item 24 the - * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Driver's Badge with "W" Bar 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 correction of his DD Form 214 to show his MOS as 11B and 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: 23 June 2016 DOCKET NUMBER: AR20150011833 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) for the period ending 17 October 1972 to show: * his military occupational specialty (MOS) as 11B (Light Weapons Infantryman) vice 64C (Motor Transport Operator) * the Combat Infantryman Badge and all other awards he is entitled to receive 2. The applicant states he was an infantryman and not a truckmaster as shown on his DD Form 214. His personnel records and DD Forms 214 do not show all the medals and badges he is entitled to receive. While he was assigned to Company A, 2nd Battalion (BN), 27th Infantry Regiment, 25th Infantry Division (ID), Vietnam, he was given a Combat Infantryman Badge during one of the downtimes after combat operations. He received the badge while in Cu Chi, Vietnam, around March or April 1968. The Combat Infantryman Badge is not listed on his DD 214. He believes he warrants other decorations that are not listed. 3. The applicant provides two DD Forms 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 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 25 August 1965 and he held MOS 11B. On 2 February 1966, he was assigned to the 2nd BN, 17th Infantry Regiment, 7th ID, Korea. 3. On 27 October 1966, he was honorably discharged for the purpose of immediate reenlistment. 4. The DD Form 214 he was issued for this period of service shows in item 25a (Specialty Number and Title) his MOS as 11B. Item 26 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * 1st Class Gunner (or Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) 5. On 28 October 1966, he enlisted in the Regular Army. On 28 February 1967, he departed Korea and he was assigned to Fort Ord, CA on 3 April 1967. 6. On 27 January 1968, he arrived in Vietnam and on 13 February 1968 he was assigned to Company A, 2nd BN, 27th Infantry, 25th ID. On 12 September 1968, he was reported absent without leave (AWOL) from his assigned unit and on 11 October 1968 he was dropped from Army rolls as a deserter. 7. On 26 December 1968, he returned to military control at Honolulu, HI. He was assigned to the Special Processing Detachment, Headquarters (HQ), U.S. Army Garrison (USAG), Schofield Barracks, HI. 8. On 9 January 1969, he was convicted by a special court-martial of one specification of being AWOL from 12 September to 26 December 1968 (106 days or 3 months and 15 days). He was sentenced to reduction to private, 6 months in confinement, and a forfeiture of $97 pay for 6 months. He was subsequently confined at the U.S. Army Correctional Holding Detachment, Schofield Barracks, HI. 9. Special Court-Martial Order Number 3, dated 26 February 1969, issued by HQ, USAG, HI, suspended the unexecuted portion of the approved sentence of confinement for 6 months and a forfeiture of $97 pay for 6 months until 16 June 1969 at which time, unless vacated, the unexecuted portion of the sentence would be remitted without further action. 10. On 26 February 1969, he was reassigned to Company A, 2nd BN, 27th Infantry, Vietnam, in MOS 11B. He departed Vietnam on or about 1 June 1969. 11. On 16 June 1969, he was assigned to the 5th BN, 6th Artillery Regiment, Germany in MOS 64A (Light Vehicle Driver). Item 22 (MOS) of his DA Form 20 (Enlisted Qualification Record) shows his primary MOS as of 1 March 1970 as 64A and MOS 11B was crossed out (withdrawn). On 26 January 1970, he was assigned to the 6th BN, 52nd Artillery, Germany 12. The following orders were issued by HQ, 6th BN, 52nd Artillery: * Special Orders (SO) Number 251, dated 11 December 1970, awarded him the Sharpshooter Marksmanship Qualification Badge and Rifle Bar (M-14) * SO Number 253, dated 15 December 1970, awarded him the Driver's Badge with "W" Bar, effective 15 December 1970 * General Orders (GO) Number 2, dated 20 January 1971, awarded him the Army Good Conduct Medal (1st Award) for the period 25 August 1965 through 24 August 1968 13. On 31 January 1971, he departed Germany and on 30 March 1971 he was assigned to Headquarters and Headquarters Company (HHC), 2nd Brigade, 2nd ID, Korea, in MOS 64A. 14. SO Number 190, dated 9 July 1971, issued by HQ, 2nd ID, awarded him primary MOS 64C20 and withdrew MOS 64A10. 15. He was honorably discharged on 17 October 1972. He completed 5 years, 7 months, and 5 days of net active service during this period and he had 135 days ( or 4 months and 15 days) of lost time due to being AWOL and/or in confinement. 16. The DD Form 214 he was issued for this period of service shows in item 23a (Specialty Number & Title) his MOS as 64C. Item 24 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the: * 2 overseas bars * Vietnam Cross of Gallantry (properly known as Republic of Vietnam Gallantry Cross with Palm Unit Citation) * Armed Forces Expeditionary Medal (Korea) * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal 17. His record is void of orders awarding him the Combat Infantryman Badge. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Combat Infantryman Badge. Item 41 does show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 18. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the: a. Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his record shows that during his service in Vietnam from 13 February to 11 September 1968 and 26 February to 1 June 1969 he participated in four campaigns. b. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. 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 during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. 2. U.S. Army Vietnam Regulation 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is 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." 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd BN, 27th Infantry, was cited for award of the: * Valorous Unit Award for 15 June 1968, by DAGO Number 36, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period I January 1969 through 1 February 1970 by DAGO Number 51, dated 1971 4. Army Regulation 635-5 (Separation Documents) then in effect established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. Orders awarded the applicant the Army Good Conduct Medal (1st Award), Sharpshooter Marksmanship Qualification Badge and Rifle Bar (M-14), and Driver's Badge with "W" Bar, and his record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). However, none of these awards are shown on his DD Form 214. 2. His record confirms he participated in four campaigns during his service in Vietnam. He is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected accordingly. 3. DAGO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit. Neither of these awards are shown on his DD Form 214. 4. He served in Korea during a qualifying period for award of the Korea Defense Service Medal; his DD Form 214 does not show this award. 5. With respect to the Combat Infantryman Badge, there are basically three requirements for award of this 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. 6. While the applicant's infantry MOS and his assignment to an infantry unit during his service in Vietnam are not in question, his record is void of orders awarding him the Combat Infantryman Badge. In addition, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. 7. With respect to showing his MOS as 11B, the evidence of record confirms at the time of his discharge on 17 October 1972 he held MOS 64C. His DD Form 214 for the period ending 17 October 1972 properly reflects his MOS as 64C, the MOS he held at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011833 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011833 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2