BOARD DATE: 10 May 2018 DOCKET NUMBER: AR20160007062 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 10 May 2018 DOCKET NUMBER: AR20160007062 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 his correct date of birth (DOB) and award of the Combat Infantryman Badge. 2. The applicant states his 18 April 1966 DD Form 214 shows his correct DOB as "March; however, his 24 August 1969 DD Form 214 incorrectly shows his DOB as "March " He also states that he served as an infantryman with Company E (Reconnaissance), 1st Battalion (Airmobile), 501st Infantry Regiment, in the Republic of Vietnam (RVN) from May to August 1969. 3. The applicant provides copies of his two DD Forms 214. 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. A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and in the Kansas ARNG (KSARNG) on 3 September 1965 for a period of 6 years. Item 15 (DOB) shows the entry "." 3. A DD Form 214 shows the applicant was ordered to active duty training (ADT) on 28 November 1965, honorably released from ADT on 18 April 1966, and transferred to the KSARNG. He had completed 4 months and 21 days of net active service this period. It also shows in – * item 6 (DOB): "XX * item 25a (Specialty Number and Title): 11B1O, Light Weapons Infantryman * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): "None" 4. He was promoted to specialist four (SP4)/pay grade E-4 on 1 December 1967. 5. On 13 May 1968, the applicant was ordered to active military service under the direction of the President of the United States. 6. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in – * item 6 (DOB): "XX " * item 29 (Qualification in Arms) – * Sharpshooter, Rifle (M-14), 14 January 1966 * First Class (Sharpshooter), Machinegun (M-60), 14 May 1966 * Marksman, Pistol (.45 caliber), 14 January 1968 * Marksman, Rifle (M-16), 1 April 1969 * item 31 (Foreign Service): Vietnam from 17 May 1969 to 20 August 1969 * item 38 (Record of Assignments) – * Headquarters and Headquarters Company (HHC), 1st Battalion (Airmobile), 501st Infantry, from 6 June 1969 through 16 June 1969 * Company E, 1st Battalion (Airmobile), 501st Infantry, from 17 June 1969 through 16 August 1969 * item 40 (Wounds): Gunshot Wound Right Arm, Hip, and Side; 7 June 1969 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Marksman Marksmanship Qualification Badge with Pistol Bar 7. Headquarters, 69th Infantry Brigade, Fort Carson, CO, Special Orders Number 71, dated 30 August 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar. 8. Headquarters, 101st Airborne Division, General Orders Number 7298, dated 21 June 1969, awarded the applicant the Purple Heart for wounds received in action in RVN on 7 June 1969. 9. A DD Form 214 shows the applicant entered active duty this period on 13 May 1968, was honorably released from active duty on 24 August 1969, and transferred to the KSARNG to complete his Reserve service obligation. He had completed 1 year, 3 months, and 12 days of net active service this period. It also shows in – * item 9 (DOB): "XX " * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Purple Heart 10. A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster shows the applicant is listed as a casualty on 7 June 1969 with casualty code 23 (hostile, wounded in action, not serious, hospitalized). 11. A review of the applicant's military personnel record failed to reveal evidence that he was recommended for or awarded the Combat Infantryman Badge. It did not show 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 (1st Award). This review further revealed that item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during the period of active duty service that is under review. 12. 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 return any additional award orders (other than for the Purple Heart) pertaining to the applicant. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (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. The Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers 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. b. 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. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the – * Tet Counteroffensive 1969 (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) ? 3. Department of the Army Pamphlet 672-3 lists awards received by units serving in Vietnam. a. During the applicant's period of assignment to HHC and Company E, 1st Battalion, 501st Infantry (6 June 1969–16 August 1969), the battalion was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in Department of the Army General Orders 48 (1971). b. It also shows Department of the Army General Orders 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation 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 (Personnel Separations – Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. b. The instructions show, in pertinent part, for – * item 9, "self-explanatory" * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION: 1. The applicant contends his 24 August 1969 DD Form 214 should be corrected to show his correct DOB and award of the Combat Infantryman Badge. 2. The applicant enlisted in the ARNGUS on 3 September 1965, and his DOB was recorded in his military records as "XX ." a. The DD Form 214 he was issued upon completion of ADT on 18 April 1966 shows his DOB as "XX ." b. The DD Form 214 he was issued on 24 August 1969 incorrectly shows his DOB as "XX " 3. There are no orders or other evidence that shows the applicant was awarded the Combat Infantryman Badge. a. The applicant served in RVN in an infantry MOS and he was assigned to an infantry unit (HHC, 1st Battalion (Airmobile), 501st Infantry) from 6 June to 16 June 1969. b. General orders awarded him the Purple Heart for wounds received in action in RVN on 7 June 1969. c. He was then assigned to Company E, 1st Battalion (Airmobile), 501st Infantry, from 17 June to 16 August 1969. d. He was eligible for award of the Combat Infantryman Badge during the period of his assignment to the 501st Infantry Regiment. e. The available evidence supports a conclusion that the applicant met the criteria for award of the Combat Infantryman Badge. 4. The evidence of record shows: a. 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. b. Department of the Army General Orders awarded his battalion the – * RVN Civil Actions Honor Medal First Class Unit Citation * RVN Gallantry Cross with Palm Unit Citation c. During the period of the applicant's ADT, he qualified and was authorized the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. d. Subsequent to his ADT, he qualified and was authorized the – * Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars 5. The applicant served a period of continuous, honorable active duty enlisted service from 13 May 1968 through 24 August 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 received all "excellent" conduct and efficiency ratings during the period of his active duty that is under review. c. The available evidence of record indicates the applicant met the criteria award of the AGCM (1st Award). BOARD DATE: 10 May 2018 DOCKET NUMBER: AR20160007062 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 Combat Infantryman Badge (1st Award) for satisfactorily performing infantry duties during the period 6 June and 7 June 1969 (Standard Name Line: SP4, Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division, U.S. Army Vietnam); b. awarding him the Army Good Conduct Medal (1st Award) for the period 13 May 1968 through 24 August 1969 (Standard Name Line: SP4, Company E, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division, U.S. Army Vietnam); c. issuing a DD Form 215 (Correction to DD Form 214) to correct his 18 April 1966 DD Form 214 by deleting the current entry from item 26 and adding "Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar"; and d. issuing a DD Form 215 to correct his 24 August 1969 DD Form 214 by – • deleting the current entry from item 9 and adding the date of birth shown in item 15 of his DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 3 September 1965 • deleting from item 24 the entry "Vietnam Service Medal" • adding to item 24 the – • Army Good Conduct Medal (1st Award) • Vietnam Service Medal with 2 Bronze Service Stars • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation • Combat Infantryman Badge • Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar • Marksman Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007062 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007062 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2