IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000185 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: 15 August 2018 DOCKET NUMBER: AR20170000185 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. awarding him the Army Good Conduct Medal (1st Award) for the period 22 April 1965 through 26 January 1967; and b. adding the following awards to his DD Form 214: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) 2. The Board further determined that 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 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: 15 August 2018 DOCKET NUMBER: AR20170000185 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 award of the Combat Infantryman Badge (CIB) and the Air Medal (AM). 2. The applicant states he received an AM and everyone in his platoon received a CIB except him; therefore, he feels he deserves the badge since he also had the same military occupational specialty (MOS) 11D (Armor Intelligence Specialist). 3. The applicant provides a copy of an AM certificate. 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 22 April 1965. Upon completion of training, he was awarded MOS 11D. 3. Special Orders Number 158 issued by Headquarters, Fort Leonard Wood, Fort Leonard Wood, MO on 7 June 1965, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. General Orders Number 77 issued by Headquarters, 1st Cavalry Division (Airmobile) on 6 January 1967, awarded him the AM. 5. His DA Form 20 (Enlisted Qualification Record) reflects the following information: a. Item 22 (MOSs) shows he was qualified in MOS 11D. b. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 6 June 1966 through 14 April 1967. c. Item 38 (Record of Assignments) shows that during his time in the Republic of Vietnam he served in Troop D, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile) in duty MOS 11D. d. Item 38 shows that he received all "excellent" conduct and efficiency ratings. e. Item 41 (Awards and Decorations) shows no indication for award of CIB. 6. On 26 January 1967, he was honorably released from active duty. There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal. The DD Form 214 he was issued at the time show he was awarded or authorized the National Defense Service Medal. 7. A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, there is no evidence showing that he was ever recommended for or awarded the CIB. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards): a. States there are basically three requirements for award of the CIB. 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. b. States 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. c. Contains the regulatory guidance for awarding the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns: * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Department of the Army General Order Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not included on his DD Form 214. 2. General orders awarded him the AM, which is not listed on his DD Form 214. 3. The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial. Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal (1st Award) for the period 22 April 1965 through 26 January 1967. 4. Evidence shows the applicant served a period of qualifying service for award of the Vietnam Service Medal and that he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to award of the Vietnam Service Medal with two bronze service stars. 5. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). 6. General orders cited his unit in Vietnam for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure in Vietnam. 7. The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty. 8. By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces. 9. Although the evidence of record shows the applicant served in an infantry MOS while assigned to a cavalry unit during his tour of duty in the Vietnam, his record is void of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000185 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2