IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011385 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011385 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal, and b. adding to his DD Form 214: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Bronze Star Medal, Air Force Commendation Medal and Combat Infantryman Badge. _____________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. IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160011385 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: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Bronze Star Medal * Air Force Commendation Medal * Sharpshooter Marksmanship Qualification Badge 2. The applicant states he earned the awards during his service in the Republic of Vietnam. 3. The applicant provides: * Air Force Commendation Medal certificate * Citation to Accompany the Award of the Air Force Commendation Medal * Bronze Star Medal certificate * Bronze Star Medal citation * DA Form 1577 (Authorization for Issuance of Awards) * 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. The applicant enlisted in the Regular Army on 18 December 1967. He served in the Republic of Vietnam for the period 12 July 1968 through 11 July 1969, in military occupational specialty (MOS) 11B (Light Weapons Infantryman), with Company C, 2nd Battalion (Airmobile), 502nd Infantry Regiment. 3. Special Orders Number 35 issued by Headquarters, U.S. Army Training Center on 9 February 1968, shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Special Orders Number 88 issued by Headquarters, U.S. Army School/Training Center and Fort McClellan on 10 April 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 5. Special Orders Number 94 issued by Headquarters, U.S. Army School/Training Center and Fort McClellan on 17 April 1968 awarded him the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal, Combat Infantryman Badge or Air Force Commendation Medal. 7. On 17 December 1970, he was honorably released from active duty at the expiration of his term of service. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Air Medal * Army Commendation Medal 8. His military personnel record is void of documentation reflecting a recommendation for or orders authorizing award of the Bronze Star Medal, Air Force Commendation Medal and Combat Infantryman Badge. 9. A review 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, failed to reveal any Bronze Star Medal or Combat Infantryman Badge orders for him. 10. The applicant provides a copy of a certificate and citation to accompany award of the Bronze Star and Air Force Commendation medals. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) stated that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. The Vietnam Service Medal 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 is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * TET 69 Counteroffensive (23 February - 8 June 1969) * Vietnam Summer-Fall 1969 (9 June - 31 October 1969) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. The applicant was assigned to Company C, 2nd Battalion, 503nd Infantry Regiment, during a period for which the unit was awarded the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 48, dated 1971 amended DAGO Number 43, dated 1970. b. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by DAGO Number 48, dated 1971. 3. Army Regulation 15-185 prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and the Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60). 2. The applicant's honorable service and the sincerity of his request are not in question. However, the governing Army regulation states that for personal decorations (which include the Bronze Star Medal and Air Force Commendation Medal) a formal recommendation, approval through the chain of command, and announcement in orders are required. 3. There are 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. The evidence shows the applicant held and served in an infantry MOS and that he was assigned to an infantry unit in the Republic of Vietnam. However, there is no evidence showing he personally engaged in active ground combat while serving in an infantry unit. 4. The evidence shows he was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in the Republic of Vietnam which are not recorded on his DD Form 214. 5. Department of the Army Pamphlet 672-3 shows his unit 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 his period of assignment, which were omitted from 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) AR20160011385 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011385 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2