BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017401 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 BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017401 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. amending item 22c (Foreign and/or Sea Service) of his DD Form 214 to show "USARV" (U.S. Army, Vietnam) instead of "USAREUR" (U.S. Army, Europe), and b. issueing him the below listed awards and tadding to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 – * Vietnam Service Medal with one bronze service star * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 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 award of the Republic of Vietnam Campaign Medal with Device (1960) and the 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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160017401 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: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge The applicant also requests issuance of all of his awards and badge. 2. The applicant states: a. His record is in error due to his hardship separation. The medals were never issued due to his situation. b. He is a Vietnam veteran entitled to the awards and he defended the U.S. democracy with pride and fidelity. 3. The applicant provides: * DA Form 20 (Enlisted Qualification Record) * Department of Veterans Affairs letter, undated * 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 was inducted into the Army of the United States on 27 March 1967. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. Headquarters, 1st Training Brigade, Special Orders Number 109, dated 13 May 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam during the period 22 August 1967 to 27 November 1967. While in Vietnam, he participated in one campaign and he was assigned to: * Company B, 3d Battalion, 12th Infantry Regiment, 4th Infantry Division, from 7 September 1967 to 19 October 1967 * Company C, 87th Infantry Regiment, 8th Infantry Division, from 20 October 1967 to on or about 27 November 1967 5. Headquarters, 2d Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 21, dated 31 January 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 6. His DA Form 2479 (Application for Compassionate Reassignment), dated 20 December 1968, shows he submitted a request for release from active duty and compassionate reassignment in the U.S. Army Reserve. 7. On 4 March 1968, his request for release from active duty and compassionate reassignment in the U.S. Army Reserve was approved. 8. Item 41 (Awards and Decorations) of his DA Form 20 shows award of the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) 9. Headquarters, 2d Basic Combat Training Brigade, U.S. Army Training Center, Infantry, NJ, Special Orders Number 21, dated 31 January 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 10. On 14 March 1969, he was honorably released from active duty. His DD Form 214 shows in: * item 22a(1) (Net Service This Period) – 1 year, 11 months, and 17 days * item 22c (Foreign and/or Sea Service) – USAREUR (U.S. Army, Europe), 3 months and 5 days (should be "USARV" (U.S. Army, Vietnam)) * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty c. 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. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. d. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). A recommendation would include the individual's branch, primary MOS, duty MOS as reflected in the personnel records, and the primary duty position title as entered in the personnel records. Also included would be the dates the individual came under fire, type of operation being conducted, and as an enclosure, a copy of the individual's DA Form 20 as appropriate 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows: a. Company B, 3d Battalion, 12th Infantry Regiment, 4th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970, and b. Company C, 87th Infantry Regiment, was awarded the Meritorious Unit Commendation for the period 1 October 1967 to 30 September 1968 by DAGO Number 48, dated 1969. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions for item 22, in part, to enter the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." DISCUSSION: 1. The applicant served in Vietnam during the period 22 August 1967 to 27 November 1967 and he participated in one campaign. He served a qualifying period of service for award of the Vietnam Service Medal. Additionally, his campaign participation is not shown on his DD Form 214. 2. The applicant did not meet the qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). His total service in Vietnam was 3 months and 5 days rather than 6 months or more. 3. The units to which was assigned while in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation. These unit awards are not listed on his DD Form 214. 4. In accordance with Army Regulation 600-8-2, in order to support award of the Combat Infantryman Badge, there must be evidence that the member held and served in a qualifying infantry MOS, that he served in a qualifying infantry unit, and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with hostile forces. 5. While a unit to which he was assigned while in Vietnam was awarded the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, his records are void of orders awarding him the Combat Infantryman Badge or any evidence he was actively engaged in active ground combat with hostile forces. 6. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). His qualification badge is not listed on his DD Form 214. 7. As a related matter, the theater of his foreign service is incorrectly listed on his DD Form 214 and shows USAREUR instead of USARV. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017401 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017401 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2