BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000017 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: AR20170000017 BOARD DETERMINATION/RECOMMENDATION: The Board determined that 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 31 July 1968 to 30 July 1970 * adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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: AR20170000017 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 and Army Good Conduct Medal. 2. The applicant states an error occurred at the time of his discharge. He realized the awards had been omitted from his DD Form 214 when filing for benefits from the Department of Veterans Affairs. The award of Combat Infantryman Badge was in his military personnel records, but was omitted from his DD Form 214. He was also awarded the Army Good Conduct Medal. 3. The applicant provides the first page of Special Orders (SO) Number 350 and 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. The applicant enlisted in the Regular Army on 31 July 1968, for a period of 2 years. Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. On 27 May 1969, he accepted nonjudicial punishment, under Article 15, Uniform Code of Military Justice, for negligently failing to properly clear his weapon and causing it to discharge and wounding himself in the right foot. His punishment consisted of a forfeiture of $24.00 pay for 1 month. 4. General Orders (GO) Number 11751, issued by Headquarters, Americal Division on 14 November 1969, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from December 1968 to December 1969 5. He provides a copy of SO Number 350 (1st page), issued by Headquarters, Americal Division on 16 December 1969, which awarded him Combat Infantryman Badge. 6. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) and item 38 (Record of Assignments) show he served in Vietnam from 3 January to 31 December 1969, during three campaigns and was assigned to Company B, 5th Battalion, 46th Infantry. b. No rating of his conduct and efficiency for his period of service; however, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service. c. Item 41 (Awards and Decorations) the following awards: * Vietnam Service Medal * Republic Vietnam Campaign Medal with Device 1960 * Army Commendation Medal d. Item 42 (Remarks) he was found fully qualified to reenlist 7. He was honorably released from active duty, in the rank/grade of Specialist Four (SP4)/E-4, on 30 July 1970. His DD Form 214 shows he completed 2 years of active service. His DD Form 214 also shows in: • Item 22c (Foreign And/Or Sea Service) – 11 months and 29 days and the entry USARPAC (U.S. Army Pacific) • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign • Ribbons Awarded or Authorized) – the: • Vietnam Service Medal with three bronze service stars • National Defense Service Medal • Republic of Vietnam Campaign Medal • Army Commendation Medal • Sharpshooters Marksmanship Qualification Badge with Rifle Bar 8. On 22 August 2018, a staff member of the U.S. Army Human Resources (HRC) Command stated 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 HRC Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal the cited SO Number 350 pertaining to the applicant. REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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-marital. 2. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all awards awarded or authorized during the period covered by the DD Form 214. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his unit, the 5th Battalion, 46th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 24 August to 31 December 1969, by amended DAGO Number 42, dated 1972. DISCUSSION: 1. SO awarded the applicant the Combat Infantryman Badge during his period of service. His DD Form 214 does not list this award. 2. With respect to the Army Good Conduct Medal: a. The evidence of record does not reveal the grading of his conduct and efficiency during his period of service. By regulation, in order to be awarded the Army Good Conduct Medal, an individual must have received all "excellent" conduct and efficiency ratings. b. Notwithstanding the NJP action with causing harm to himself, he attained the rank/grade of SP4/E-4, served in Vietnam, was awarded the Army Commendation Medal and Combat Infantryman Badge, and completed 2 years of honorable service with no time lost. c. Also, there is no evidence his commander disqualified him for this award and he was determined fully qualified to reenlist. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period of service from 31 July 1968 to 30 July 1970. 3. GO's awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. This unit award is 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) AR20170000017 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000017 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2