IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015966 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: 16 March 2017 DOCKET NUMBER: AR20150015966 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 10 October 1968 through 16 May 1970, b. deleting award of the Vietnam Service Medal from his DD Form 214, and c. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * 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: 16 March 2017 DOCKET NUMBER: AR20150015966 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 award of the Combat Infantryman Badge (CIB). 2. The applicant states he believes he was eligible for award of the CIB, but perhaps it was omitted in error. 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 10 October 1968. He arrived in Vietnam on 15 May 1969. 3. Headquarters, 1st Air Cavalry Division, Special Orders Number 186, dated 5 July 1969, awarded him the CIB. 4. He was assigned to the following units in Vietnam: * Company B, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 18 May 1969 to 31 August 1969 * Company C, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 1 September 1969 to 4 March 1970 * Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division (Airmobile), from 5 March 1970 to 10 May 1970 5. He participated in four campaigns during his assignment in Vietnam. 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 7. On 16 May 1970, he was honorably released from active duty as an overseas returnee in the rank of specialist four after completing 1 year, 7 months, and 7 days of creditable active service with no lost time. 8. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Bronze Star Medal 9. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign. 2. 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 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. 3. 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 the 2d Battalion, 8th Cavalry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders (DAGO) Number 59, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 in DAGO Number 11, dated 1973 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 in DAGO Number 42, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 in DAGO Number 54, dated 1975 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 June 1969 to 1 February 1970 in DAGO Number 42, dated 1972 4. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION: 1. Special orders show the applicant was awarded the CIB. His DD Form 214 does not show this badge. 2. He was honorably released from active duty in the rank of specialist four with 1 year, 7 months, and 7 days of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 10 October 1968 through 16 May 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. 3. He participated in four campaigns during his service in Vietnam which authorized award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 does not show these bronze service stars. 4. The 2d Battalion, 8th Cavalry Regiment, was awarded four Republic of Vietnam Gallantry Cross with Palm Unit Citations and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015966 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015966 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2