BOARD DATE: 16 January 2018 DOCKET NUMBER: AR20160004656 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: 16 January 2018 DOCKET NUMBER: AR20160004656 BOARD DETERMINATION/RECOMMENDATION: 1. 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 Combat Infantryman Badge for participation in ground combat in the Republic of Vietnam from 2 May 1966 to 17 April 1967 (Standard Name Line: SP4, Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division, U.S. Army Vietnam); and b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 January 1965 through 28 January 1968 (Standard Name Line: SGT, Company A, 1st Battalion, 66th Armor, 2nd Armor Division, Fort Hood, TX 76544); and c. issuing him a DD Form 215 (Correction to DD Form 214) amending item 26 of his 27 February 1966 DD Form 214 by: * deleting the entry, "None" * adding the – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. Issuing the applicant a DD Form 215 amending item 24 of his DD Form 214, dated 27 February 1969, by deleting all award entries and adding the: * Bronze Star Medal * Purple Heart * Army Commendation with "V" Device * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 2 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle, Pistol, and Tank Weapon Bars ___________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: 16 January 2018 DOCKET NUMBER: AR20160004656 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. 2. The applicant states, in effect, he served in Vietnam as a rifleman with Troop B, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division in 1966 and he was awarded the Combat Infantryman Badge, but the badge is not recorded on his DD Form 214. 3. The applicant provides copies of two documents that authorized him to wear the Combat Infantryman Badge. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests correction of the applicant's DD Form 214 to show the Combat Infantryman Badge. 2. Counsel defers to the applicant. 3. Counsel provides no additional documentary 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 (RA) on 29 January 1965 for a period of 3 years. a. Upon completion of training he was awarded military occupational specialty (MOS) 11E (Armor Crewman). b. On 23 June 1965, he was assigned to Germany. 3. A DD Form 214 shows the applicant entered active duty this period on 29 January 1965 and he was honorably discharged on 27 February 1966 to reenlist in the RA. He had completed 1 year and 29 days of net active service this period. It also shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "None." 4. He reenlisted in the RA on 28 February 1966 for a period of 3 years. 5. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 29 (Qualification in Arms) – * Rifle (M-14), Sharpshooter, 15 March 1965 * Tank Weapons, Sharpshooter, 13 February 1968 * Pistol, Sharpshooter, 17 November 1967 * item 31 (Foreign Service) – * Germany from 23 June 1965 through 11 March 1966 * Vietnam from 23 April 1966 through 18 April 1967 * item 33 (Appointments and Reductions), he was promoted to – * specialist four (SP4)/pay grade E-4 on 14 June 1967 * sergeant (SGT)/pay grade E-5 on 31 October 1967 * item 38 (Record of Assignments: Duty MOS, Principal Duty, Organization, Period of Assignment) – * 11D2O, Armor Crewman, Headquarters and Headquarters Company, 3rd Squadron, 4th Cavalry, U.S. Army Vietnam (USARV), from 25 April 1966 through 1 May 1966 * 11B2O, Rifleman, Troop B, 3rd Squadron, 4th Cavalry, USARV, from 2 May 1966 through 23 August 1966 * 11B2O, Automatic Rifleman, Troop B, 3rd Squadron, 4th Cavalry, USARV, from 24 August 1966 through 17 April 1967 * item 40 (Wounds): Fragment Wound, Right Shoulder and Neck, 11 November 1966 * item 41 (Awards and Decorations) – * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam (RVN) Campaign Medal * Purple Heart * Army Commendation Medal with "V" Device * 2 Overseas Service Bars * Bronze Star Medal * Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars 6. A review of the applicant's military personnel records revealed the following general orders (GOs) issued by Headquarters, 25th Infantry Division, that awarded him the following awards: * GO Number 1581, dated 23 November 1966 – the Army Commendation Medal with "V" Device for heroism in the RVN in connection with military ground operations on 22 August 1966 * GO Number 1195, dated 4 April 1967 – the Bronze Star Medal for meritorious service in the RVN from April 1966 to March 1967 7. A DD Form 214 shows the applicant entered active duty this period on 28 February 1966, was honorably released from active duty on 27 February 1969, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 3 years of net active service this period (that included 1 year and 10 days of foreign service); 1 year and 29 days of other service; and 4 years and 29 days of total active service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * Vietnam Service Medal with 1 Bronze Service Star * RVN Campaign Medal * Army Commendation Medal with "V" Device * National Defense Service Medal * Bronze Star Medal * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Pistol, Rifle, and Tank Weapon Bars 8. A review of the applicant's military personnel records revealed, in pertinent part, the following correspondence related to the Combat Infantryman Badge. a. Headquarters, 119th Fighter Interceptor Group (Air National Guard), Fargo, ND, letter, dated 17 April 1973, subject: Awarding of Combat Infantryman Badge, shows a request was sent to the Commander, USAR Administration Center, St. Louis, MO, for a records check to determine the applicant's eligibility to wear the Combat Infantryman Badge. b. The Adjutant General's Office, USAR Components Personnel and Administration Center, St. Louis, MO, 1st Endorsement, dated 25 July 1973, subject: Awarding of Combat Infantryman Badge, and a DA Form 1577 (Authorization for Issuance of Awards), dated 11 July 1973, show the Adjutant confirmed the applicant is authorized to wear the Combat Infantryman Badge and action was initiated to issue the Combat Infantryman Badge to him. 9. A further review of the applicant's military personnel records failed to reveal any additional award orders. This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). A review of item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service with a rating of "unknown" for the period 25 April through 1 May 1966. 10. A request for a search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal additional award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. Chapter 8 (Badges and Tab), paragraph 8-6, governs the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Additionally, Appendix V of USARV Regulation 672-1, in effect at the time, states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. d. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. The pamphlet shows Department of the Army General Orders Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Records show the applicant was awarded MOS 11E. He served in Vietnam in MOS 11D as an armor crewman for 7 days and then (beginning on 2 May 1966) he served in MOS 11B as a rifleman with Troop B, 3rd Squadron, 4th Cavalry, 25th Infantry Division. a. He was cited for heroism in connection with military ground operations on 22 August 1966 and awarded the Army Commendation Medal with "V" Device. b. He was wounded in action on 11 November 1966 while engaged in combat against a hostile force and he was awarded the Purple Heart. c. The Adjutant General's Office, USAR Components Personnel and Administration Center, confirmed the applicant is authorized the Combat Infantryman Badge. 2. The evidence of record shows: a. the applicant qualified for award of the National Defense Service Medal during his initial period of honorable active duty service; b. the applicant qualified for award of the VSM, he participated in two campaigns during his service in Vietnam, and he is authorized two bronze services stars for wear on his already-awarded VSM; and c. Department of the Army General Orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation when he was assigned to the unit. 3. The applicant served more than a 3-year period of continuous, honorable active duty enlisted service from 29 January 1965 through 27 February 1969: a. there is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM; b. he was promoted to SGT (E-5) and received all "excellent" conduct and efficiency ratings during his service, with the exception of one "unknown" 7-day period which is not disqualifying; c. he was awarded the Bronze Star Medal for meritorious service during the period of service under review; and d. based on the available evidence of record and the regulatory guidance in effect at the time, the applicant may be awarded the AGCM (1st 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) AR20160004656 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004656 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2