BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160009984 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: 2 May 2018 DOCKET NUMBER: AR20160009984 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. deleting from block 33 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), the Vietnam Service Medal, b. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 28 April 1966 through 26 April 1968, and c. adding to block 33 of his DD Form 214, the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two 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 * Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) _________________________ 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: 2 May 2018 DOCKET NUMBER: AR20160009984 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 while serving in the Republic of Vietnam. 3. The applicant provides a copy of his DD Form 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. On 28 April 1966, the applicant was inducted into the Army of the United States. After the completion of his training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. he served in Vietnam from 20 October 1966 to 17 October 1967 and was assigned to Company B, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division from 8 November 1966 to 14 October 1967, b. he was awarded or authorized the: • Vietnam Service Medal • National Defense Service Medal • Combat Infantryman Badge • Republic of Vietnam Campaign Medal with Device (1960) • Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) • Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60) • Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) c. he received all "excellent" conduct and efficiency ratings. 4. The available record contains orders awarding the applicant the: • Army Commendation Medal • Combat Infantryman Badge 5. On 26 April 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 29 days of total active service with 11 months and 22 days of foreign service. Item 33 (Awards, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 lists the: • National Defense Service Medal • Vietnam Service Medal • Republic of Vietnam Campaign Medal with Device (1960) • Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. For entries at item 33 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) [as in effect at the time of the applicant's period of service], list all awards and decorations for all periods of service in the priority sequence. Each entry will be verified by the Soldier's records. Do not use abbreviations. b. A DD Form 215 will be issued to provide missing or incorrect information. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. Army Regulation (AR) 600–8–22 (Military Awards) states a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal, such as the Vietnam Service Medal. Table B-1 shows he participated in the following two campaigns: * Vietnam Counteroffensive, Phase II - 1 July 1966 to 31 May 1967 * Vietnam Counteroffensive Phase III - 1 June 1967 to 29 January 1968 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, and * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation DISCUSSION: 1. The applicant's record contains orders awarding him the Combat Infantryman Badge and the Army Commendation Medal. His DD Form 214 does not list these awards. 2. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but does not reflect the two bronze service stars authorized to denote his participation in two Vietnam campaigns. 3. The applicant's unit in Vietnam was cited for award of 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 of his assignment. His DD Form 214 does not reflect these unit awards. 4. The applicant's record does not contain any documentation to disqualify him from award of the Army Good Conduct Medal (1st Award). His record does not contain a written disqualification, he received all excellent conduct and efficiency ratings, there was no evidence of disciplinary actions or courts-martial, and he received an honorable characterization of service. 5. The applicant was awarded the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not reflect these marksmanship badges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009984 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009984 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2