BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150016989 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: 14 February 2017 DOCKET NUMBER: AR20150016989 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 21 March 1968 through 24 January 1970, b. deleting from his DD Form 214 the Vietnam Service Medal, and c. adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) ___________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: 14 February 2017 DOCKET NUMBER: AR20150016989 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 add the Combat Infantryman Badge. 2. The applicant states he served with the 173rd Airborne Brigade and was awarded the Combat Infantryman Badge. 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 21 March 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Foreign Service) and 38 (Record of Assignments) show he served in the Republic of Vietnam from 19 March 1969 to 23 January 1970 and he was assigned to Company C, 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Division, from 28 March 1969 to 23 January 1970. b. Item 38 listed all of his conduct and efficiency ratings as "excellent." c. Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge. 4. Special Orders Number 100, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, on 8 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 114, issued by Headquarters, 3d Advanced Individual Training Brigade, Fort Jackson, SC, on 6 July 1968, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. A Western Union Telefax, dated 17 July 1969 informed the applicant's parents that he had been slightly wounded in action in Vietnam on 15 July 1969. He received fragment wounds to his right leg and chest from a booby trap while on a combat operation. 7. His records do not contain a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 8. On 24 January 1970, he was honorably released from active duty. His DD Form 214 lists the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Purple Heart * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 2 overseas service bars * Air Medal * Army Commendation Medal * Bronze Star Medal * Parachutist Badge 9. His military personnel record is void of documentation reflecting a recommendation for or orders authorizing award of the Combat Infantryman Badge. REFERENCES: 1. 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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. The 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 the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Tet 69 Counteroffensive (23 February 1969 - 8 June 1969) * Vietnam Summer - Fall (9 June 1969 - 31 October 1969) * Vietnam Winter - Spring (1 November 1969 - 30 April 1970) b. 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) stated that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Company C, 2nd Battalion (Airborne), 503rd Infantry Regiment his unit was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971; and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 through 16 March 1971 by DAGO Number 5, dated 1973. DISCUSSION: 1. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). 2. The evidence of record confirms he served honorably during the period 21 March 1968 through 24 January 1970. Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 3. There are 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. a. The evidence shows that the applicant was awarded and served in an infantry MOS and that he was assigned to an infantry unit in the Republic of Vietnam. The evidence further shows he and his unit engaged with the enemy in combat operations during the period the applicant was assigned. b. His official military personnel file contains a Western Union Telefax dated 17 July 1969 which informed the applicant's parents that he had been slightly wounded in action in Vietnam on 15 July 1969. He received fragment wounds to his right leg and chest from a booby trap while on a combat operation for which he was awarded the Purple Heart. It is evident the applicant was personally present and actively engaged in combat with the enemy during his service in the Republic of Vietnam. 4. The evidence shows he served a qualifying period of service and was awarded the Vietnam Service Medal. However, he also participated in three campaigns during his service in the Republic of Vietnam which are not represented on his DD Form 214. 5. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016989 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2