BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20170000993 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: 1 August 2018 DOCKET NUMBER: AR20170000993 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. awarding him the Combat Infantryman Badge effective 7 October 1969, b. awarding him the Army Good Conduct Medal (1st Award) for the period 21 December 1967 through 9 December 1970 and c. deleting the Vietnam Service Medal from his DD Form 214 and adding to his DD Form 214: * Combat Infantryman Badge * 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 _____________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: AR20170000993 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 award of the Combat Infantryman Badge (CIB). 2. The applicant states: * he changed from Company E to Company B while assigned to the 1st Battalion, 173rd Airborne Brigade, in Vietnam * he was an infantry airborne paratrooper * when he came back from Vietnam, he wasn't in the right mind 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 21 December 1967 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He departed the continental United States en route to Vietnam on 5 January 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he served in MOS 11B while assigned to Company E, 1st Battalion, 503rd Infantry Regiment, from 14 January 1969 to 19 July 1969 * he served in MOS 11B while assigned to Company B, 1st Battalion, 503rd Infantry Regiment, from 20 July 1969 to 31 December 1969 * he was wounded on 17 April 1969 no award of the CIB * he received excellent conduct and efficiency ratings throughout his service 5. Headquarters, 173d Airborne Brigade, General Order Number 2568, dated 29 October 1969, awarded him the Bronze Star Medal with "V" Device for heroism on 7 October 1969 in Vietnam. His citation states, in pertinent part, he "distinguished himself by valorous actions on 7 October 1969 while on a five man patrol acting as rear security at Phu Quang" and "he was credited with killing two enemy soldiers, and he possibly saved the lives of his comrades who were under intense enemy fire." 6. He participated in four campaigns during his assignment in Vietnam. 7. He departed Vietnam en route to the United States on or about 4 January 1970. 8. On 9 December 1970, he was honorably released from active duty in the rank of specialist four after completing 2 years, 11 months, and 24 days of creditable active service with no time lost. 9. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Parachute Badge * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Air Medal * Bronze Star Medal with "V" Device 10. There are no orders for the CIB in the available records. 11. 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, 503rd Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 in Department of the Army General Orders Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 in Department of the Army General Orders Number 5, dated 1973 DISCUSSION: 1. The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam. He was also wounded in action on 17 April 1969 and he was awarded the Bronze Star Medal with "V" Device for heroism on 7 October 1969. He met the eligibility criteria for award of the CIB. His DD Form 214 does not show this badge. 2. He completed almost 3 years of active service ending with his release from active duty on 9 December 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 21 December 1967 through 9 December 1970. His DD Form 214 does not show this medal. 3. 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. 4. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000993 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000993 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2