IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017078 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: 11 April 2017 DOCKET NUMBER: AR20150017078 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); b. adding in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Combat Infantryman Badge, Army Good Conduct Medal (1st Award), and Drill Sergeant Identification Badge; and c. adding in item 25 (Education and Training Completed) the “Drill Sergeant Course.” ___________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: 11 April 2017 DOCKET NUMBER: AR20150017078 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 he is authorized the Combat Infantryman Badge and the Drill Sergeant Identification Badge. He also requests correction of his DD Form 214 to show that he successfully completed Drill Sergeant School. 2. The applicant states the Combat Infantryman Badge is not listed on his DD Form 214 as one of his awards. His DD Form 214 also does not list the Drill Sergeant Course or the Drill Sergeant Identification Badge. 3. The applicant provides: * Special Orders Number 44, dated 13 February 1968 * Drill Sergeant School Certificate, dated 8 March 1969 * Special Orders Number 100, dated 10 April 1969 * Special Orders Number 111, dated 21 April 1969 * DD Form 214, dated 26 September 1969 * DD form 215 (Correction to DD Form 214), dated 7 September 2007 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 enlisted in the Regular Army (RA) for 3 years on 23 September 1966. He completed training as an Armor Intelligence Specialist. He arrived in Vietnam on 10 August 1967 and he was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry Division. 3. He participated in the following four campaigns: * Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968 * Tet Counteroffensive, which extended from 30 January through 1 April 1968 * Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968 * Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968 4. The applicant provides a copy of Special Orders Number 44, dated 13 February 1968 awarding him the Combat Infantryman Badge. 5. On 3 August 1968, he departed Vietnam en-route to the United States. 6. On 17 September 1968, the applicant was assigned to Company E, 4th Battalion, 1st Basic Combat Training Brigade, United States Army Training Center, Fort Lewis, Washington. 7. On 8 March 1969, the applicant received a certificate from the Fort Lewis Drill Sergeant School showing he successfully completed the drill sergeant course of instruction. 8. The applicant received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions. 9. He was honorably released from active duty (REFRAD) on 26 September 1969, at the expiration of his term of service. He was transferred to the United States Army Reserve Control Group (Reinforcement). Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 lists the following awards: * National Defense Service Medal * Marksman Marksmanship Qualification Badge (Rifle M-14) * Sharpshooter Marksmanship Qualification Badge (Rifle M-16) * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Two Overseas Service Bars 10. Item 25 (Education and Training Completed) shows the entry “NONE.” 11. On 7 September 2007, the Army Review Boards Agency – St Louis, issued the applicant a DD Form 215 correcting his DD Form 214 by deleting the Vietnam Service Medal and the Army Commendation Medal and adding the following awards: * Army Commendation Medal with "V" Device * Bronze Star Medal * Purple Heart * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Valorous Unit Award 12. The DD Form 215 he was issued also corrected item 30 (Remarks) on his DD Form 214 to add "SERVICE IN VIETNAM FROM 10 AUGUST 1967 TO 3 AUGUST 1968//NOTHING FOLLOWS." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, combat and special skill badges, and similar devices awarded in recognition of accomplishments. It states the Drill Sergeant Identification Badge is awarded for successful completion of the drill sergeant course and assignment as a drill sergeant to a training command. The Commandant of the Drill Sergeant School will authorize the permanent wear of the badge to eligible personnel by memorandum. The badge may be revoked if the recipient is removed from the position of a drill sergeant for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner. Authority to revoke the badge is delegated to commanders of U.S. Army training centers and commandants of drill sergeant schools. 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 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. 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. 3. Army Regulation 635-5 (Separation Documents), then in effect, served as the authority for the preparation of the DD Form 214. It provided that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of REFRAD, retirement, or discharge. It stated for: a. Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. b. Item 25 (Education and Training Completed) enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. DISCUSSION: 1. Special Orders Number 44, dated 13 February 1968, show the applicant was awarded the Combat Infantryman Badge. 2. The applicant successfully completed the drill sergeant course on 8 March 1969. It appears he is authorized the Drill Sergeant Identification Badge and the course should be listed on his DD Form 214. 3. The applicant enlisted in the RA on 23 September 1966. He was honorably REFRAD at the expiration of his term of service on 26 September 1969. He received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions that would have made him ineligible for award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017078 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017078 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2