IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150017861 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: 25 April 2017 DOCKET NUMBER: AR20150017861 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 Combat Infantryman Badge for actions on 30 December 1969; b. deleting the Vietnam Service Medal from his DD Form 214; and c. adding to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) – * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with two bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) ___________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: 25 April 2017 DOCKET NUMBER: AR20150017861 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 the Combat Infantryman Badge was omitted from his DD Form 214. He fully and firmly believes that he meets the qualifications for the Combat Infantryman Badge. He was in combat with the 173rd Airborne Brigade in Vietnam in 1969. He was fired upon and was wounded and his military occupational specialty (MOS) was 11B2P (light weapons infantryman). 3. The applicant provides 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 enlisted in the Regular Army on 2 October 1968. He completed the required training and was awarded MOS 11B. He later completed basic airborne training. 3. His DA Form 20 (Enlisted Qualification Record) shows the following information: a. Item 22 (MOSs), he was awarded primary MOS 11B on 7 March 1969. b. item 31 (Foreign Service), he served in Vietnam from 14 July 1969 through 23 January 1970. c. item 38 (Record of Assignments), he performed the duties of a rifleman in duty MOS 11B1P while assigned to Company D, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, in Vietnam from 17 July 1969 through 29 December 1969. He was placed in a patient status and transferred to the 67th Evacuation Hospital on 30 December 1969. d. item 40 (Wounds), he sustained a mortar fragment wound to his right upper leg and right upper arm on 30 December 1969. e. item 41 (Awards and Decorations), lists the following awards: * Purple Heart * Second Class Gunner (i.e., Marksman) Marksmanship Qualification Badge with Machinegun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 4. General Orders Number 312 published by Headquarters, 67th Evacuation Hospital on 31 December 1969 awarded him the Purple Heart for wounds received in action on 30 December 1969. His service record does not include orders for award of the Combat Infantryman Badge. 5. The Army honorably released him from active duty on 7 August 1971. His DD Form 214 reflects the following awards: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Bronze Star Medal REFERENCES: 1. 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 Headquarters, United States Army Vietnam and its subordinate units were cited for the following awards: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970, by Department of the Army General Order Number 51, dated 1971. b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by Department of the Army General Order Number 5, dated 1973. 2. Army Regulation 600-8-22 (Military Awards) states there are basically 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. 3. Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign. Appendix B shows that during his service in Vietnam, he participated in the following two campaigns * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) 4. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 13 states to list awards and decorations for all periods of service. Each entry will be verified by the Soldier's records. DISCUSSION: 1. The evidence of record shows the applicant completed infantry training and he was awarded MOS 11B. He was assigned to Company D, 1st Battalion, 503rd Infantry Regiment, as a rifleman during his tour of duty in Vietnam. In addition, he was awarded the Purple Heart for wounds received in action on 30 December 1969. The evidence indicates he met the criteria for award of the Combat Infantryman Badge during action on 30 December 1969. 2. The applicant's unit in Vietnam was cited for 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. However, these awards are not listed on his DD Form 214. 3. The applicant's DD Form 214 shows the Vietnam Service Medal. However, it does not include the authorized two bronze service stars to denote his participation in two campaigns. 4. The applicant's DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). These marksmanship badges 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) AR20150017861 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017861 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2