BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160003709 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: 7 November 2017 DOCKET NUMBER: AR20160003709 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 adding the following awards to his DD Form 214: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Sharpshooter Marksmanship Qualification Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 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 award of the Combat Infantryman Badge or a Marksmanship Qualification Badge for the M-79 grenade launcher. ______________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: 7 November 2017 DOCKET NUMBER: AR20160003709 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 (Certificate of Release or Discharge from Active Duty) to show the following awards: * National Defense Service Medal * medals for Vietnam service * all marksmanship qualification badges * Combat Infantryman Badge 2. The applicant states he never received any of his awards to the best of his recollection, even to this day. 3. The applicant provides: * DA Form 20 (Enlisted Qualification Record), pages 1, 2, and 4 only * Headquarters, U.S. Army Training Center, Special Orders Number 193, dated 13 August 1969 * Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 247, dated 9 October 1969 * Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 251,dated 13 October 1969 * Headquarters, 4th Infantry Division, Special Orders Number 350, dated 16 December 1969 * two DD Forms 214 for the period ending 17 December 1971 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 26 June 1969. He completed training and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantry). 3. Headquarters, U.S. Army Training Center, Special Orders Number 193, dated 13 August 1969, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) effective 7 August 1969. 4. Headquarters, U.S. Army Training Center and Fort Campbell, Special Orders Number 247, dated 5 September 1969, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) effective 27 August 1969. 5. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 247, dated 9 October 1969, show he was awarded the 1st Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Mortar Bar effective 7 October 1969. 6. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 251, dated 13 October 1969, show he fired the M-79 grenade launcher for familiarization on 10 October 1969. 7. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 264, dated 27 October 1969, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) effective 17 October 1969. 8. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 281, dated 15 November 1969, released him from assignment to Company C, 3rd Battalion, 3rd Advanced Individual Training Brigade, and directed his reassignment to the Overseas Replacement Station, Oakland, CA, with further assignment to U.S. Army Vietnam, Transient Detachment, with a reporting date of 9 December 1969. 9. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 282, dated 17 November 1969, show he fired the .50 caliber machine gun for familiarization on 3 November 1969. 10. Headquarters, U.S. Army Vietnam Transient Detachment, Special Orders 347, dated 13 December 1969, show he arrived in Vietnam on 13 December 1969 and directed his further assignment to 4th Infantry Division Adjutant General Company (Administration). 11. Headquarters, 4th Infantry Division, Special Orders Number 350, dated 16 December 1969, directed his reassignment to Company B, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division, with a date of eligibility for return from overseas of 10 December 1970. 12. Headquarters, 4th Infantry Division, Special Orders Number 351, dated 17 December 1969, show: a.  he completed 7 days of a normal 12-month overseas tour of duty; b.  he was granted 30 days of emergency leave effective 17 December 1969 due to the death of his mother; and c.  he was advised that hardship separation processing for enlisted personnel on leave from overseas areas was under the purview of field commanders for approval or disapproval and service members were directed to go to the nearest post to make an application under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). The applicant was responsible for notifying the Commanding General, 4th infantry Division, Attention: AVDDH-AGP-A, of any approved request for hardship discharge, compassionate reassignment, or extension of leave. 13. A Fort Campbell Form 1409, dated 3 December 1971, shows his duty status was changed to absent without leave effective 16 January 1970. 14. A DA Form 188 (Extract Copy of Morning Report), dated 6 December 1971, shows his status was changed from absent without leave to return to military control effective 17 August 1971. 15. A second DA Form 188, dated 6 December 1971, shows his status was changed to absent without leave effective 19 November 1971 and subsequently to return to military control effective 22 November 1971. 16. Item 31 (Oversea Service) of his DA Form 20 shows he received credit for foreign service in Vietnam from 21 November 1969 through 16 January 1970. 17. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 18. On 17 December 1971, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He completed 4 months and 18 days of net active service during this period with 1 month and 27 days of foreign service. 19. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his original DD Form 214 shows the entry "None." 20. Block 30 (Remarks) of his original DD Form 214 shows Vietnam service from 21 November 1969 through 16 January 1970. 21. On 23 December 1976 and 8 January 1980, the Army Discharge Review Board denied his requests for an upgrade of his discharge. 22. On 2 August 2016, the ABCMR upgraded the character of his service to general under honorable conditions and he was issued a new DD Form 214 accordingly. 23. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his reissued DD Form 214 shows the entry "None//Nothing Follows." 24. His records are void of any evidence indicating he served in active combat or he was awarded the Combat Infantryman Badge. His records are also void of evidence he qualified on the M-79 grenade launcher. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. (1)  To qualify for award of the Vietnam Service Medal, an individual must meet one of the following qualifications: (a)  be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations; (b)  be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations; (c)  actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or (d)  serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations. (2)  A bronze service star is authorized for participation in each credited campaign. b. Table B-1 lists campaigns with inclusive dates and shows Vietnam Conflict campaign participation credit was awarded, in part, for the Winter-Spring 1970 campaign (1 November 1969-30 April 1970). c.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. A Soldier must meet the following three requirements for award of the CIB: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient. A recipient must be personally present and under hostile fire while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions for block 24 stated to enter all decorations, service medals, campaign credits, and badges awarded from the DA Form 20. (The current version of the DD Form 214 lists awards and decorations in block 13.) DISCUSSION: 1. The evidence of record shows the applicant arrived in Vietnam on 13 December 1969 and he departed Vietnam on emergency leave on 17 December 1969. He did not return to Vietnam. 2. He met the eligibility criteria for award of the Vietnam Service Medal with one bronze service star for his service in Vietnam and campaign participation. His DD Form 214 does not show this award. 3. He served a qualifying period of active duty for award of the National Defense Service Medal. His DD Form 214 does not show this award. 4. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber), Sharpshooter Marksmanship Qualification Badge with Mortar Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not show these badges. 5. Department of the Army General Orders Number 8 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units serving in Vietnam. His DD Form 214 does not show this unit award. 6. His records are void of evidence showing he was awarded the Combat Infantryman Badge or qualified with the M-79 grenade launcher. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003709 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003709 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2