IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019509 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: 22 August 2018 DOCKET NUMBER: AR20160019509 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 for the period ending 20 February 1969 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st Award) for the period 23 February 1967 through 20 February 1969 and the Combat Infantryman Badge effective 3 March 1968; and adding the: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm 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 correcting his DD Form 214 to show his rank as sergeant (SGT/E-5) and adding the Air Mobile Patch. _________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: 22 August 2018 DOCKET NUMBER: AR20160019509 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Combat Infantryman Badge * his rank as sergeant (SGT) * bronze service stars and any other awards he may be authorized * authorization to wear the Air Mobile Patch (commonly known as a combat patch or former wartime service shoulder-sleeve insignia) 2. He states that he left Vietnam under emergency circumstances when his father passed away. It took six months for his record to catch up with him. 3. He provides his DD Form 214, ending 20 February 1969. 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 23 February 1967, the applicant was inducted into the Army of the United States. He held military occupational specialty (MOS) 11B (light weapons infantryman). 3. He accepted nonjudicial punishment under the provisions of the Uniform Code of Military Justice on 21 October 1967 for driving an unsafe vehicle without proper registration. 4. His DA Form 20 (Enlisted Qualification Record) shows: a. he served in Vietnam from 2 December 1967 to 1 December 1968; b. he was advanced to specialist four (SP4) (temporary) on 12 April 1968; c. during his tour of duty in the Vietnam he was assigned to: * Company C, 3rd Battalion, 187th Infantry, 101st Airborne Division, with duties as an ammo bearer from 4 December 1967 to 22 May 1968; and from 27 May to 28 June 1968 * Headquarters and Headquarters Company (HHC) , 3rd Brigade, 101st Airborne Division, from 23 to 26 May 1968, with duties as a rifleman * 501st Supply Company, 101st Airborne Division, from 29 June 1968 to 24 July 1968 d. he received "excellent" conduct and efficiency ratings throughout his service; e. he sustained a wound - abrasions to the right eye (no eye damage), on 3 March 1968; and f. no entry for the Combat Infantryman Badge in item 41 (Awards and Decorations). 5. He was honorably released from active duty on 20 February 1969, after completing 1 year, 11 months, and 28 days of total active service. 6. His DD Form 214 shows in: * Item 5a (Grade, Rate or Rank) – "SP4 (T)" * Item 5b (Pay Grade) – "E4" * Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized)- * National Defense Service Medal * Parachutist Badge * Purple Heart * Republic of Vietnam Campaign Medal with Device "1960" * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Machine Gun Bar * Item 30 (Remarks) – "item 5a PFC E-3 (P) aptd 16 Aug 67" 7. There is no evidence in the available records showing he was awarded the Army Good Conduct Medal nor is there a commander's Army Good Conduct Medal disqualification statement in his record. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, enlisted Soldiers, and warrant officers 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. 2. AR 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty rank and pay grade at the time of separation will be entered on the DD Form 214. 3. AR 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Counteroffensive, Phase VI * Tet 69 Counteroffensive * Vietnam Summer-Fall 1969 * Vietnam Winter-Spring 4. AR 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch." The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration. 5. AR 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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 of less than 3 years but more than 1 year. The enlisted person must have had all ?excellent? conduct and efficiency ratings and no convictions by a court-martial. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the: a. 3rd Battalion, 187th Infantry was awarded the: * Presidential Unit Citation, for the period 13 June to 23 September 1968, by Department of the Army General Orders (DAGO) Number 38, dated 1971 * Valorous Unit Award, for the period 16 to 22 March 1968, by DAGO Number 22, dated 1976 * Meritorious Unit Commendation, for the period 14 March to 3 October 1968, by DAGO Number 22, dated 1976 b. 501st Supply Company, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 April to 15 August 1968, by DAGO Number 21, dated 1969. DISCUSSION: 1. The applicant held an infantry MOS and was assigned to an infantry unit. His award of the Purple Heart for wounds received as a result of hostile enemy action on 3 March 1968. This service meets the criteria for award of the Combat Infantryman Badge. 2. A review of his military service record did not reveal any disciplinary action or a commander's disqualification that would disqualify him from award of the Army Good Conduct Medal (1st Award) for the period 23 February 1967 through 20 February 1969. 3. GO awarded his units in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD Form 214. 4. He was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in Vietnam. He is authorized to four bronze service stars to denote his participation in four campaigns. The Vietnam Service Medal listed on his DD Form 214 does not include his bronze service stars. 5. The applicant's record is void of orders advancing him to SGT. His DD Form 214 lists the same temporary grade/rank recorded on his DA Form 20 – specialist four (SP4/E4). Regulatory guidance states that the active duty rank and pay grade at the time of separation will be entered on the DD Form 214. 6. Combat patches or former wartime service shoulder-sleeve insignia are items of clothing. They are not awards or decorations. There is no provision to enter these items on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019509 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019509 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2