IN THE CASE OF: BOARD DATE: 03 October 2018 DOCKET NUMBER: AR20170001441 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: 03 October 2018 DOCKET NUMBER: AR20170001441 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 the applicant the Army Good Conduct Medal (1st Award) for the period 14 April 1971 to 19 April 1972. b. deleting the Vietnam Service Medal from applicant's DD Form 214 and adding – * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar. 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 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: 03 October 2018 DOCKET NUMBER: AR20170001441 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 the Bronze Star Medal, Combat Infantryman Badge, and any additional awards or decorations he is authorized. 2. The applicant states he served as an infantryman with C Company, 1st Battalion, 7th Infantry, 3rd Brigade, 1st Calvary Division, in Vietnam from 1971 until 1972. During his time in Vietnam he was heavily involved in direct combat and combat operations against the Viet Cong and regular North Vietnamese forces. When he cycled back to the United States after his tour was up, he was quickly discharged. The administrative personnel were processing huge numbers of personnel and did not always do such a bang-up job. Unfortunately, the DD Form 214 he was issued does not reflect his Bronze Star Medal or Combat Infantryman Badge. At the time, he was simply happy to be home alive and gave little thought to the errors on his DD Form 214. Now, as he has gotten older, he is seeking to correct the military record. 3. The applicant provides: * Bronze Star Medal Certificate and citation * Certificate of Service * War trophy registration forms * DD Form 214 * Honorable Discharge 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 14 April 1971. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. 3rd Basic Combat Training Brigade Special Orders Number 102 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar. 4. His DA Form 20 (Enlisted Qualification Record) shows: * service in Vietnam with 1st Battalion, 7th Cavalry Regiment, 3rd Brigade (Separate), 1st Cavalry Division, from 14 September 1971 through 18 April 1972 during which time he participated in three campaigns * advancement to specialist four (E-4) * “excellent” conduct and efficiency ratings * his authorized awards were – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar 5. Headquarters, 3rd Brigade (Separate), 1st Cavalry Division, General Orders Number 1113, dated 6 April 1972, awarded him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period September 1971 to April 1972. 6. The applicant was released from active duty under the phasedown release program on 19 April 1972 after completing 1 year and 6 days of active duty service with no lost time. His DD Form 214 lists his awards as the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 7. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. REFERENCES: 1. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) states the Combat Infantryman Badge is awarded to infantry officers, warrant officers and enlisted personnel 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. Additionally, Appendix V states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated: a. 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, 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-martial. b. A bronze service star is authorized for each campaign period a Soldier served during in Vietnam. 3. Department of the Army Pamphlet 672–3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 7th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972. DISCUSSION: 1. The applicant was awarded the Bronze Star Medal and Expert Marksmanship Qualification Badge with Rifle Bar. These awards are not reflected on his DD Form 214. 2. The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4. He served on active duty for 1 year and 6 days. The record contains no indication of any disqualifying incidents or recommendations that would present a barrier to awarding him the Army Good Conduct Medal (1st Award). 3. The applicant served in Vietnam during three campaigns and is authorized to wear three bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect the bronze service stars. 4. The applicant served with the 1st Battalion, 7th Cavalry Regiment, during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect this unit award. 5. The evidence confirms the applicant served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size. He was awarded the Bronze Star Medal for his meritorious service in connection with ground operations against the enemy; however, the available records do not contain evidence confirming his direct involvement in active ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001441 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001441 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2