BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003868 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: 21 September 2017 DOCKET NUMBER: AR20160003868 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 amending the applicant's DD Form 214 for the period ending 27 October 1969 by deleting the Vietnam Service Medal and adding the: * Army Commendation Medal (2nd Award) with "V" Device * Vietnam Service Medal with 4 bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) _____________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: 21 September 2017 DOCKET NUMBER: AR20160003868 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 (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 October 1969 to show he was awarded the Army Commendation Medal (ARCOM) with "V" Device and the CIB. 2. The applicant states he believes he met the criteria to be awarded the CIB for his service as an 11B; he was assigned to Company C, 2nd Battalion (Mechanized), 2nd Infantry Regiment. Due to actions in combat against enemy forces, while conducting a reconnaissance mission in Vietnam, he earned the Purple Heart for wounds received when he was shot by an enemy sniper. He earned the ARCOM with "V'" Device while serving as a machine gunner against an enemy unit. He requests a review of his record and award of the CIB. 3. The applicant provides a copy of his DD Form 214 and General Orders Number 13611, issued by Headquarters, 1st Infantry Division, on 28 December 1968. 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 25 March 1968. He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Special Orders Number 119, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, on 8 May 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant served in the Republic of Vietnam from on or about 21 August 1968 through on or about 24 October 1969, where he was assigned to Company C, 2nd Battalion, 2nd Infantry Regiment. 5. Special Order Number 254, issued by Headquarters, 1st Infantry Division on 10 September 1968, awarded the applicant the CIB. 6. General Orders Number 13611, issued by Headquarters, 1st Infantry Division on 28 December 1968, awarded the applicant the ARCOM with "V" Device for heroism in connection with military action against a hostile force on 9 November 1968. 7. General Orders Number 7323, issued by Headquarters, 1st Infantry Division, on 22 July 1969, awarded the applicant the ARCOM (1st Oak Leaf Cluster) for meritorious service in the Republic of Vietnam from August 1968 to August 1969. 8. The applicant was honorably released from active duty on 27 October 1969. His DD Form 214 shows he was awarded or authorized the: * Purple Heart * ARCOM * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * TET 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) 2. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. An examination of this pamphlet, with a corresponding examination of the relevant Department of the Army General Orders (DAGO), shows Company C, 2nd Battalion, 2nd Infantry Regiment, the unit to which the applicant was assigned during his service in the Republic of Vietnam, was cited for the following unit awards during the period in which he was assigned: * Valorous Unit Award Unit Citation, for extraordinary heroism on 28 and 29 November 1969, by DAGO 43, 12 August 1969, amended by DAGO 5, 7 March 1979 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 5 June 1969 through 6 September 1969, by DAGO Number 2, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970 DISCUSSION: 1. The applicant requests award of the CIB and correction of his DD Form 214 to show he was awarded the ARCOM with "V" Device and the CIB. 2. General orders awarded the applicant the ARCOM with "V" Device. However, this award is not shown on his DD Form 214. 3. Special orders awarded the applicant the CIB and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). However, these awards are not shown on his DD Form 214. 4. The applicant served in the Republic of Vietnam from on or about 21 August 1968 through 24 October 1969; he participated in four campaigns during this period of foreign service. His DD Form 214, for the period ending 27 October 1969, shows the Vietnam Service Medal as an authorized award; however, it does not show the four bronze service stars that should be affixed to it in recognition of his campaign participation. 5. Department of the Army General Orders awarded his unit of assignment in Vietnam the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation, during the period in which he was assigned. These unit awards are not shown 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) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003868 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2