BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20160003567 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 July 2017 DOCKET NUMBER: AR20160003567 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 13 October 1967 through 15 August 1969, b. awarding him the Combat Infantryman Badge, c. deleting award of the Vietnam Service Medal from his DD Form 214, and d. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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 July 2017 DOCKET NUMBER: AR20160003567 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 award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states on 15 or 17 October 1968 outside of Trang Bang South, Vietnam, he was given a copy of the order awarding him the Combat Infantry Badge. He was told it would take the battalion at least 6 months to have the order put in his file. Between 3 and 5 days after he was given the order, he was wounded and the order was lost. After he was discharged from the hospital and the Army, his main goal was to secure a position at U.S. Steel. He found the error when he joined The American Legion. Now, he has a stable location and the time to inquire about having the badge added to his DD Form 214. 3. The applicant provides no 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 enlisted in the Regular Army on 13 October 1967 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 23 February 1968. 3. He served in Vietnam from on or about 21 July to 27 November 1968. He was assigned to Company C, 2nd Battalion, 12th Infantry Regiment, and he performed the principal duties of MOS 11B. 4. He was wounded in action on 23 October 1968. He was transferred in a patient status to the 7th Field Hospital for treatment and on 27 November 1968, he was medically transferred to Valley Forge General Hospital, Phoenixville, PA. 5. General Orders (GO) Number 15 issued by Valley Forge General Hospital on 10 March 1969 awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 23 October 1968. 6. He was honorably released from active duty on 15 August 1969 in the rank/grade of private first class (PFC)/E-3. His DD Form 214 shows he completed 1 year, 10 months, and 3 days of active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge as an authorized award. Additionally, his service records do not contain orders awarding him this badge. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Combat Infantryman Badge 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968) and Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) campaigns. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but: (a) were wounded as a result of hostile action, or (b) were captured by hostile forces but later escaped or were rescued or released, or (c) were killed in action or otherwise in line of duty. 2. A review of the applicant's service record shows no derogatory information (such as lost time or court-martial conviction). Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 3. AR 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active 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 of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) shows during his service in Vietnam with the 2nd Battalion, 12th Infantry Regiment, from 21 July to 27 November 1968, this unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 in Department of the Army General Orders Number 51, dated 1971 DISCUSSION: 1. There are no special orders in the applicant's service record and he provides none to show he was awarded the Combat Infantryman Badge. However, he held an infantry MOS and he was assigned to an infantry unit in Vietnam when he was wounded as a result of hostile action on 23 October 1968. He was awarded the Purple Heart for the wound. It is reasonable to presume he sustained this injury during combat operations while his unit was engaging or being engaged by the enemy. He appears to have met the criteria for award of the Combat Infantryman Badge. 2. He was awarded the Vietnam Service Medal and he participated in two campaigns during his service in Vietnam. He is authorized two bronze service stars with his already-awarded Vietnam Service Medal with Device (1960). 3. He served in Vietnam from on or about 21 July to 27 November 1968, a period of 3 months and 3 days. He was wounded in action and evacuated, despite not having completed at least 6 months of service in Vietnam, he meets the criteria for award of the Republic of Vietnam Campaign Medal. 4. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Neither unit award appears on his DD Form 214. 5. He served honorably from 13 October 1967 through 15 August 1969. He served in Vietnam, was wounded in action, attained the rank/grade of PFC/E-3, and received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. He appears to have met the criteria for this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003567 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003567 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2