BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017593 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: 20 April 2017 DOCKET NUMBER: AR20150017593 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 for the period from 5 May 1969 to 4 May 1971; b. awarding him the Combat Infantryman Badge for action on 19 April 1970; c. deleting from his DD Form 214 the Vietnam Service Medal; and d. adding to his DD Form 214: * Army Commendation Medal * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm 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. BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017593 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 the Combat Infantryman Badge. 2. The applicant states the Combat Infantryman Badge was not recorded on his DD Form 214. 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. On 5 May 1969 the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. On 12 September 1969 the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam (RVN). 4. On 19 September 1969 the applicant was assigned for duty as a rifleman with the 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade. Later he performed duty as a grenadier in the same unit. 5. Records show the applicant was advanced to specialist four, pay grade E-4 on 4 February 1970. 6. General Orders Number 6362, Americal Division, dated 18 June 1970, announced the applicant's award of the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period 1 January to 30 April 1970. 7. General Orders Number 6338, Americal Division, dated 18 June 1970, announced the applicant's award of the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force on 19 April 1970. The citation described that when a member of a friendly unit inadvertently detonated an enemy bobby trap, the applicant immediately and with complete disregard for his own personal safety, maneuvered himself to the side of three fallen Soldiers. He braved the possibility of additional booby traps and enemy rounds impacting around him. When a medical evacuation helicopter arrived, he again exposed himself to enemy fire while carrying the wounded men to the aircraft. 8. General Orders Number 12298, Americal Division, dated 10 September 1970, announced the applicant’s award of the Bronze Star Medal for meritorious service during the period October 1969 to October 1970. 9. On 2 October 1970 the applicant departed the Republic of Vietnam for assignment in the United States. 10. On 4 May 1971 the applicant was released from active duty. He had completed 2 years creditable active duty service. 11. The applicant's DD Form 214 lists his awards as: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Bronze Star Medal with oak leaf cluster and "V" Device * Expert Marksmanship Qualification Badge with Pistol Bar * Marksman Marksmanship Qualification Badge with Rifle Bar 12. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that all of his conduct and efficiency ratings were excellent. The applicant's records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides: a. There are three criteria 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. b. Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following four campaign periods: * Vietnam Summer-Fall 1969 * Vietnam Winter-Spring 1970 * Sanctuary Counteroffensive * Vietnam Counteroffensive Phase VII This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each 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 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. 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 1st Battalion, 20th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated in 1972 for award of RVN Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry battalion in the RVN. Furthermore, general orders clearly state he performed in a heroic manner in combat against an enemy force on 19 April 1970. Thus it would appear he met the regulatory criteria for award of the Combat Infantryman Badge. 2. While the applicant did not directly request additional awards, it appears he meets the criteria for additional awards and decorations. a. His records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving personal decorations for valor and meritorious service, and achieving "excellent" conduct and efficiency ratings. Therefore, the Board could favorably consider awarding him the Army Good Conduct Medal. b. General orders awarded him the Army Commendation Medal. c. Based on his service dates in the RVN, he participated in four campaigns. Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. d. General orders cited his unit for award of the RVN Gallantry Cross with Palm Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017593 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017593 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2