BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20160016928 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: 29 August 2018 DOCKET NUMBER: AR20160016928 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented was 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 22 November 1966 to 6 July 1969; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Parachutist Badge * Vietnam Service Medal with silver service star and two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) ____________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: 29 August 2018 DOCKET NUMBER: AR20160016928 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) and any other unit awards he may be authorized while assigned to Company L (Ranger), 75th Infantry, 101st Airborne Division. 2. He states, in effect, he was awarded the Combat Infantryman Badge, however, this award is not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * Special Orders (SO) Number 183, dated 2 July 1969 * DA Form 20 (Personnel Qualification Record) 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 22 November 1966, he enlisted in the Regular Army and upon completion of his initial training he was awarded military occupational specialty 05B (Intermediate Speed Radio Operator). On 26 May 1967, he completed Airborne training at Fort Benning, GA, on. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he was credited with service in Vietnam from 7 December 1967 through 5 July 1969 * item 38 (Record of Assignments), he was assigned to Company B, 501st Signal Battalion,101st Airborne Division, Vietnam, while performing the duties of a senior radio operator from 27 September 1967 to 2 July 1969 * Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service * item 41 (Awards and Decorations), SO awarded him the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and the Parachutist Badge 4. SO Numbers 52, issued by Headquarters, 101st Airborne Division, Vietnam, dated 21 February 1969, reassigned the applicant from Company C (Long Range Reconnaissance Patrol (LRP)), 58th Infantry to Company L (Ranger) 75th Infantry, effective 20 February 1969. The applicant's MOS is listed as 05B4P on these orders. 5. The applicant provides SO Number 183, issued by the Headquarters, 101st Airborne Division, Vietnam, dated 2 July 1969, which awarded the applicant the CIB (1st Award) while assigned to Company L (Ranger) 75th Infantry. The applicant's MOS is listed as 11B4P (Light Weapons Infantryman) on these orders. 6. On 6 July 1969, he was honorably released from active duty. He completed 2 years, 7 months and 15 days of active service. Item 23a (Specialty Number & Title) lists his MOS as 05B4P. 7. His DD Form 214 for this period shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal 8. There is no indication the applicant completed formal training in or was awarded the MOS 11B during his period of service. 9. His records are void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM) (1st Award). REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified 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 and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. AR 600-8-22 (Military Awards) further states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with seven campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * 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) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his units in Vietnam were cited for the following awards: a. Company B, 501st Signal Battalion was awarded the- * RVN Gallantry Cross with Palm Unit Citation for the period 19 April to 15 August 1968, by Department of the Army Orders (DAGO) 21, dated 1969 * RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969, by DAGO 43, dated 1970; and b. Company L, 75th Infantry was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 February 1969 to 2 May 1970, by DAGO 48, dated 1971. 4. DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. DISCUSSION: 1. SO Number 183, dated 2 July 1969, awarded him the CIB, this award is not reflected on his DD Form 214. 2. The applicant received all "excellent" conduct and efficiency ratings during his service and his service was characterized as honorable. His record is void of derogatory information, court-martial conviction or a commander's disqualification. He meets the criteria for award of the AGCM (1st Award) based on completion of a qualifying period of active Federal service. 3. GO awarded his units of assignment in Vietnam the RVN Gallantry Cross with Palm Unit Citation on two separate occasions and RVN Civil Actions Honor Medal First Class Unit Citation. These awards are not listed on his DD Form 214. The applicant should note that only one RVN Gallantry Cross with Palm Unit Citation is authorized for wear on his uniform. 4. He was awarded the VSM. Additionally, he participated in seven campaigns while serving in the Vietnam. He is entitled to a silver service star and two bronze service stars to be affixed to his previously-awarded VSM. 5. His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and the Parachutist Badge. These badges are not listed on 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) AR20160016928 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016928 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2