BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20170000347 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: 1 August 2018 DOCKET NUMBER: AR20170000347 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. awarding him the Army Good Conduct Medal (1st Award) for the period 29 August 1968 through 2 April 1970 and b. deleting the Vietnam Service Medal from his DD Form 214 and adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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 adding the Combat Infantryman Badge to his DD Form 214. ______________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: 1 August 2018 DOCKET NUMBER: AR20170000347 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 awards and decorations to which he may be entitled. 2. The applicant states: * he served in the Army from 1968 to 1970 * he fought in the Vietnam War * his military occupational specialty (MOS) was 11C (Infantry Indirect Fire Crewman) * he participated in numerous combat situations and major battles which lasted multiple days * upon arriving back in the United States he was quickly processed out and many awards were not annotated on his DD Form 214 3. The applicant provides a copy of 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 was inducted into the Army of the United States on 29 August 1968. He completed his training and was awarded MOS 11C. 3. He departed the continental United States en route to Vietnam on 23 January 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he served in MOS 11C while assigned to the Heavy Mortar Platoon, 1st Battalion, 2nd Infantry, in Vietnam from 31 January 1969 to 23 April 1969 * he served in duty MOSs 71B (General Clerk) and 71L (Administrative Supervisor) while assigned to Headquarters and Headquarters Company, 20th General Support Group, in Vietnam from 30 June 1969 to 2 April 1970 * no award of the CIB * he received excellent conduct and efficiency ratings throughout his service 5. He participated in four campaigns during his assignment in Vietnam. 6. He departed Vietnam en route to the United States on or about 2 April 1970. 7. On 2 April 1970, he was honorably released from active duty in the rank of specialist four after completing 1 year, 7 months, and 4 days of creditable active service with no time lost. 8. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Armed Forces Expeditionary Medal 9. There are no orders for the CIB in the available records. 10. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct 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 Soldier must meet the following three requirements for award of the CIB: (1) he must be an infantryman satisfactorily performing infantry duties, (2) he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) he must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 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 the 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. 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 the 1st Battalion, 2nd Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in Department of the Army General Orders Number 53, dated 1970. 4. Department of the Army General Orders 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. The applicant contends he earned the CIB because he held an infantry MOS and served in combat in Vietnam. 2. Army Regulation 600-8-22 clearly establishes the criteria for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 3. The evidence of record shows he held the appropriate MOS and duty assignment for award of the CIB, but there is no substantiating military documentary evidence showing he was assigned to this unit during such time as the unit was engaged in active ground combat and that he actively participated in such ground combat. 4. He completed 19 months of active service ending with his release from active duty on 2 April 1970. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 29 August 1968 through 2 April 1970. His DD Form 214 does not show this medal. 5. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 6. His Vietnam unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned. His DD Form 214 does not show this unit award. 7. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000347 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000347 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2