BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004620 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: 15 November 2017 DOCKET NUMBER: AR20160004620 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 18 March 1968 through 26 November 1969, b. awarding him the Combat Infantryman Badge effective 17 March 1969, 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 one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Automatic 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. BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004620 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. The applicant states he earned the CIB, but the badge is not shown on his DD Form 214. He was wounded in action in Vietnam and he was awarded the Purple Heart. 3. The applicant provides: * Purple Heart orders * DD Form 214 * The Military Order of the Purple Heart membership card 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 18 March 1968. He completed his training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows he departed the continental United States en route to Vietnam on 11 February 1969. He was assigned to Company B, 1st Battalion (Airborne), 508th Infantry Regiment, 82d Airborne Division, as a squad leader in duty MOS 11B effective 27 February 1969. 4. Headquarters, 3d Field Hospital, General Orders Number 79, dated 18 March 1969, announced his award of the Purple Heart for wounds received in action on 17 March 1969. 5. His DA Form 20 shows he was assigned to the Medical Holding Company, Walson Army Hospital, Fort Dix, NJ, in a patient status effective 8 April 1969. 6. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. 7. Item 39 (Campaigns) of his DA Form 20 is blank. 8. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) 9. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 10. On 26 November 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 7 months, and 9 days of creditable active service with no lost time. 11. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 12. There are no orders awarding him the CIB in his available records. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A Soldier must meet the following three requirements for award of the CIB: (1) he must be an infantryman satisfactorily performing infantry duties, (2) he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) he must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. Vietnam campaigns are listed in appendix B. c. Appendix B shows participation credit was awarded for the Tet 69 Counteroffensive 1969 Campaign from 23 February 1969 through 8 June 1969. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. An award made for any authorized period of less than 3 years must have been for the total period of obligated active Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 508th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for outstanding service during the period 6 October 1968 to 11 November 1969 in Department of the Army General Orders Number 43, dated 1970. DISCUSSION: 1. The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company as a squad leader in Vietnam and he was awarded the Purple Heart for wounds received in action on 17 March 1969. It appears he met the eligibility criteria for award of the CIB. His DD Form 214 does not show this badge. 2. The evidence of record also shows he participated in one campaign during his assignment in Vietnam, which authorizes him award of the Vietnam Service Medal with one bronze service star. His DD Form 214 does not show the bronze service star. 3. His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). His DD Form 214 does not show this badge. 4. His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not show this unit award. 5. He completed 19 months of active service ending with his release from active duty on 26 November 1969. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 18 March 1969 through 26 November 1969. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004620 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004620 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2