BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000562 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000562 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 9 June 1967 through 18 April 1969, 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 * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding award of the Combat Infantryman Badge to his DD Form 214. _____________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: 16 May 2017 DOCKET NUMBER: AR20160000562 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: * Meritorious Unit Commendation * Army Good Conduct Medal * Combat Infantryman Badge 2. The applicant states all three awards were awarded after his discharge from the military. He served in Vietnam assigned to the 504th Military Police Company in military occupational specialty (MOS) 95B (military police) from October 1967 to October 1968. He was unaware the medals were awarded to the men of the 504th Military Police Company. 3. The applicant provides an Internet article pertaining to Company B, 504th Military Police Battalion, during the Vietnam War. 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 9 June 1967. He completed his training and was awarded MOS 95B. 3. He departed the continental United States en route to Vietnam on 25 October 1967. His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 95B while assigned to the 218th Military Police Company from 29 October 1967 to 16 October 1968. He participated in four campaigns during his assignment in Vietnam. He departed Vietnam en route to the United States on or about 17 October 1968. 4. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 5. On 18 April 1969, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 10 months, and 10 days of creditable active service with no time lost. 6. 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) * Marksman Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-14) Bars * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar 7. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 8. There are no orders for the Combat Infantryman Badge in his records. 9. There is no evidence showing he was assigned to the 504th Military Police Company during his service in Vietnam. He provided an Internet article pertaining to Company B, 504th Military Police Battalion, during the Vietnam War. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. b. 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, 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. 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 218th Military Police Company was awarded the Meritorious Unit Commendation for exceptionally meritorious achievement in support of military operations in the Republic of Vietnam actions during the period 1 May 1967 to 30 April 1968 in Department of the Army General Orders Number 55, dated 1968. 4. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units for service during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units for service during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The 218th Military Police Company was awarded the Meritorious Unit Commendation for meritorious achievement during the period in which the applicant was assigned to the unit. His DD Form 214 does not show this unit award. 2. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this unit award. 4. He completed 1 year, 10 months, and 10 days of active service, ending with his release from active duty on 18 April 1969. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 5. His contention the Combat Infantryman Badge was awarded to men of the 504th Military Police Company was noted. However, there is no evidence of record and he provided no evidence showing he was assigned to the 504th Military Police Company during his assignment in Vietnam or held an infantry MOS at any time. 6. The governing regulation for award of the Combat Infantryman Badge clearly establishes that the Combat Infantryman Badge may be awarded to personnel who hold an infantry specialty and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. He does not meet the eligibility criteria for award of the Combat Infantryman Badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000562 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000562 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2