IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160002638 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: 24 October 2017 DOCKET NUMBER: AR20160002638 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) for the period 22 September 1969 through 24 June 1971; b. deleting the Army Commendation Medal with "V" Device from his DD Form 214, and c. adding to his DD Form 214: * Combat Infantryman Badge * Air Medal * Army Commendation Medal (2nd Award) with "V" Device * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) ___________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: 24 October 2017 DOCKET NUMBER: AR20160002638 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 Combat Infantryman Badge (CIB). 2. He states that upon filling a service-connected claim with the Department of Veterans Affairs, he noticed the CIB was not listed on his DD Form 214. 3. He does not provide any additional evidence. 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 22 September 1969. After completing basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) Republic of Vietnam (RVN) from 26 February 1970 to 9 January 1971. b. Item 38 (Record of Assignments), during his service in the RVN he was assigned to C Company, 3d Battalion, 22d Infantry Regiment, 25th Infantry Division from 12 March 1970 to 6 January 1971. c. Item 41 (Awards and Decorations) shows: (1) Special Orders Number 310, issued at Fort Campbell, KY, dated 7 November 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). (2) Special Orders Number 323, issued at Fort Campbell, KY dated 20 November 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 4. His record shows no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice (UCMJ) and no evidence of courts-martial or any other type of adverse action. Additionally, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 5. General Orders Number 6645, issued by Headquarters, 25th Infantry Division, dated 14 June 1970 awarded him the Army Commendation Medal (ARCOM) with "V" Device for heroic action on 7 April 1970. The order states, in part, "For heroism in connection with military operations against a hostile force… on 7 April 1970… Company C was inserted into an area known to contain a large enemy force and immediately began to receive intense small arms fire. With complete disregard for his own safety, [applicant] maneuvered through the contact area placing suppressive fire on the aggressors." 6. General Orders Number 9028, issued by Headquarters, 25th Infantry Division, dated 18 August 1970, awarded him the ARCOM for the period 1 June to 31 July 1970 for meritorious achievement in connection with military operations against a hostile force in the RVN. 7. General Orders Number 9976, issued by Headquarters, 25th Infantry Division, dated 30 September 1970 awarded him the Bronze Star Medal (BSM) with "V" Device for heroic action on 31 August 1970. The order states, "With complete disregard for his own safety, [Applicant] exposed himself to a hail of enemy fire as he maneuvered to the contact area and administered first aid to the wounded Soldiers." 8. General Orders Number 354, issued by Headquarters, II Field Force Vietnam, dated 11 February 1971, awarded him the Air Medal for the period 15 July to 23 December 1970 for meritorious achievement while participating in sustained aerial flight in the RVN. 9. He was honorably released from active duty on 24 June 1971. He completed 1 year, 9 months, and 2 days of total active service, of which 10 months and 13 days were credited as foreign service. His DD Form 214 shows the following awards: * National Defense Service Medal * RVN Campaign Medal with Device (1960) * Vietnam Service Medal with three bronze service stars * ARCOM with "V" Device * BSM with "V" Device REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. b. For each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded. Subsequent awards of the CIB are not authorized for the same qualifying period c. In the case of multiple "V" devices for the same award, only one "V" device is worn on a service ribbon. 2. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 3d Battalion, 22d Infantry Regiment was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by Department of the Army General Order Number 5, dated 1973. DISCUSSION: 1. The applicant's record shows he served in an infantry MOS and he was assigned to C Company, 3d Battalion, 22d Infantry Regiment, during his service in the RVN. The orders awarding him the ARCOM with "V" Device and the BSM with "V" Device confirm he participated in active ground combat. The evidence of record indicates he met the criteria for award of the CIB, which is not listed on his DD Form 214. 2. Orders verify he received two awards of the ARCOM, one with "V" Device. However, only one ARCOM is listed on his DD Form 214. 3. Orders also verify he was awarded the Air Medal. This award is not listed on his DD Form 214. 4. The evidence of record shows he received all "excellent" conduct and efficiency ratings; he had no record of courts-martial, and no commander's disqualification for award of the AGCM. Therefore, it appears he meets the criteria for the first award of the AGCM for the period 22 September 1969 through 24 June 1971. 5. His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). These weapon qualification badges are not listed on his DD Form 214. 6. The evidence of record also shows he was assigned to the 3rd Battalion, 22d Infantry Regiment during the period the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation. However, this award is 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) AR20160002638 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002638 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2