BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160002336 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: 12 December 2017 DOCKET NUMBER: AR20160002336 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 service between 24 August 1968 and 21 June 1969. b. amending his DD Form 214 for the period ending 13 September 1970, as follows: (1) delete the entries showing the Vietnam Service Medal with three bronze service stars and "RVN Unit Citation." (2) add the following awards: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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: 12 December 2017 DOCKET NUMBER: AR20160002336 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 reflect award of the Combat Infantryman Badge. 2. The applicant states his available service record should confirm he was an infantry platoon leader for 9-plus months. He was awarded the Purple Heart and received other awards during his Vietnam service. He believes a clerical error is the basis for the absence of his Combat Infantryman Badge on his DD Form 214 for the period ending 13 September 1970. 3. The applicant provides his DD Form 214 for the period ending 13 September 1970. 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. Having had prior enlisted service in the Army of the United States, the applicant enlisted in the Regular Army on 26 July 1966. 3. He was honorably discharged on 13 September 1967 to accept a commission. His DD Form 214 showed he completed 1 year, 1 month, and 18 days of net active service this period and 7 days of other service. He was awarded or authorized the National Defense Service Medal, Army Good Conduct Medal (1st Award), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Item 25 (Education and Training Completed) shows he successfully completed Infantry Officer Candidate School in September 1967. 4. He was appointed as a Reserve commissioned officer of the Army, and presumably executed his oath of office on 14 September 1967 (his DA Form 71 (Oath of Office – Military Personnel) is not available for review). He held specialty 1542 (Infantry Unit Commander). 5. He served in Vietnam from 24 August 1968 to 21 June 1969. While in Vietnam, he was assigned to Company C, 1st Battalion, 12th Infantry Regiment. 6. His available service record contains the following documents: a. Bronze Star Medal Citation, showing he was awarded the Bronze Star Medal while assigned to Company C, 1st Battalion, 12th Infantry Regiment as a platoon leader during the period August 1968 to May 1969. b. General Orders (GO) Number 276, dated 10 January 1970, issued by Headquarters, 4th Infantry Division, awarding him the Silver Star for gallantry in action on 27 May 1969. The citation stated: First Lieutenant [applicant] distinguished himself while serving as a platoon leader with Company C, 1st Battalion, 12th Infantry, 4th Infantry Division. On 27 May 1969, while on a search and destroy mission, Company C came under intense enemy attack southwest of Landing Zone Mary Lou. [Applicant] was severely wounded in the initial contact, but refused medical evacuation to continue leading his platoon. With complete disregard for his personal safety, [applicant] moved from position to position, stationing his men and directing their fire. At one point an enemy element probed a section of his platoon's defense, concentrating small arms fire on the perimeter. Courageously exposing himself to hostile fire, [applicant] effectively engaged and killed five of the advancing enemy Soldiers, preventing a breach of the perimeter. 7. He was honorably released from active duty on 13 September 1970. His DD Form 214 shows he completed 3 years of net active service this period. He was awarded or authorized: * Silver Star * Bronze Star Medal * Purple Heart * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * "RVN (Republic of Vietnam) Unit Citation" REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Specific requirements included that the infantry officer or enlisted Soldier must have perform his duties satisfactorily. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Authorized campaigns include: * Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) * Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 1st Battalion, 12th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 1 October 1966 to 31 October 1969 in Department of the Army GO (DAGO) Number 53, dated 1970. b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION: 1. While the evidence of record does not show the applicant was awarded the Combat Infantryman Badge during his active service, he appears to be eligible. * he held an infantry specialty * he served as a platoon leader while assigned to an infantry company that was actively engaged in ground combat * the awards of the Silver Star and Bronze Star Medal are clear evidence of his personal involvement in combat and the quality of his service as an infantry officer 2. Although his DD Form 214 for the period ending 13 September 1970 reflects award of the Vietnam Service Medal, the number of bronze service stars is not accurate. His service in Vietnam makes him eligible for four, not three, bronze service stars. 3. The unit to which he was assigned was awarded two unit citations for periods coinciding with his tenure in the unit. His DD Form 214 shows, "RVN Unit Citation," but it is not clear which unit award is being referenced. As composed, his DD Form 214 does not correctly show the unit awards he is authorized. 4. His DD Form 214 for the period ending 13 September 1967 shows he was awarded the Army Good Conduct Medal (1st Award). This award was not recorded on his DD Form 214 for the period ending 13 September 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002336 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002336 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2