BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011890 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 BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011890 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by: a. awarding him the Army Good Conduct Medal (1st Award) for his qualifying period of honorable service from 27 March 1969 through 26 March 1971; b. awarding him the Combat Infantryman Badge effective 18 April 1970; c. amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * 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. BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011890 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 (CIB). 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the CIB. 3. The applicant provides a copy of his DD Form 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 27 March 1969. Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows: a. he served in the Republic of Vietnam (RVN) from 12 September 1969 to 11 September 1970 he served in MOS 11B as a rifleman with Company A, 4th Battalion, 31st Infantry Regiment, from 6 October 1969 to 31 May 1970; b. he sustained fragment wounds to his left hand and left leg (date unknown); c. he earned all “excellent” conduct and efficiency ratings at each of his active duty assignments; and d. he earned these awards – * Army Commendation Medal (ARCOM) * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Purple Heart (PH) * RVN Campaign Medal (RVNCM) with Device 1960 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Second Class (Marksman) Marksmanship Qualification Badge with  Machine Gun Bar 4. The applicant’s Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM. 5. A DA Form 8-275-3 (Clinical Record Cover Sheet) on file in the applicant’s record and dated 2 May 1970, shows he: * was wounded in action in both legs, both thighs, and both feet * was hit by fragments from an M26 grenade on or about 28 April 1970 * he was awarded the PH for this wounding 6. On 26 March 1971, the applicant was honorably released from active duty after completing 2 years of total active service. His DD Form 214 lists these awards: * ARCOM * PH * NDSM * VSM * RVNCM with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Rifle and Machine Gun Bars 7. The applicant's record is void of any documents showing a recommendation for or an award of the CIB by proper authority. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Summer-Fall 1969 * Vietnam Winter-Spring 1970 * DA Sanctuary Counteroffensive * Vietnam Counteroffensive, Phase VII 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during the applicant's tenure of assignment in the RVN, his unit earned the RVN Gallantry Cross with Palm Unit Citation (RVNGC). DISCUSSION: 1. The evidence of record confirms the applicant served in an infantry MOS with a qualifying infantry unit while that unit participated in combat as evidenced by his wound received in action. Therefore, the applicant met the criteria for award of the CIB. 2. The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service. In addition, his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded his commander’s recommendation for the first award of the Army Good Conduct Medal. The evidence indicates he met the criteria for award of the AGCM (1st Award) for the period 27 March 1969 through 26 March 1971. 3. Finally, based on the applicant’s service and campaign participation in the RVN, he is authorized the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars for wear on his already-awarded VSM. These awards are not listed 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) AR20150011890 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011890 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2