IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002470 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 IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002470 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 6 December 1967 to 5 December 1969 * awarding him the Combat Infantryman Badge for military actions involving conflict with an armed hostile force in Vietnam on 3 December 1969 * deleting from his DD Form 214 the Vietnam Service Medal * adding to this DD Form 214 the: * Bronze Star Medal with "V" Device * Army Commendation Medal * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * 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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002470 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 Bronze Star Medal with "V" Device and Combat Infantryman Badge. 2. The applicant states he is including a copy of the orders for his Bronze Star Medal with "V" Device. This award is not listed on his DD Form 214 and he would like to have this corrected. He also believes he was awarded the Combat Infantryman Badge with his unit; however, it is also not shown on his DD Form 214. He did not notice the omissions on his DD Form 214 until he filed for benefits from the Department of Veterans Affairs. 3. The applicant provides copies of General Orders (GO) Number 252 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 was inducted into the Army of the United States on 6 December 1967 and he held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Overseas Service) shows he served in Vietnam from 20 May 1968 to 8 February 1969, during three campaigns, and was assigned to Company C, 4th Battalion, 39th Infantry, 9th Infantry Division. b. Item 35 (Record of Assignments) shows he received all "excellent" conduct and efficiency ratings throughout his service, with the exception of the period he was in a patient status (wounded in action). There is no evidence indicating he was the subject of any court-martial convictions during his active duty service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. c. Item 41 (Awards and Decorations) shows no entries for the Bronze Star Medal with "V" Device and Combat Infantryman Badge. 4. He provides a copy of GO Number 252, issued by Headquarters, 9th Infantry Division on 7 January 1969, which awarded him the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in Vietnam on 3 December 1969. The orders stated, while acting as the point element for the company, the applicant came under intense hostile fire. Disregarding his own safety, the applicant led his men in an assault, which resulted in the destruction of one enemy position and forced the hostile Soldiers in another emplacement to break contact and retreat. 5. His records contain GO Number 2467, issued by Headquarters, 9th Infantry Division on 3 March 1969, which awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in Vietnam for the period from May to December 1968. 6. He was honorably released from active duty, in the rank/grade of sergeant (SGT)/E-5, on 5 December 1969. His DD Form 214 shows he completed 2 years of active service. His DD Form 214 also show in: * Item 22c (Foreign And/Or Sea Service) – 8 months and 18 days and the entry Vietnam * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized) – * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device 1960 * Air Medal * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Second Class Gunner Qualification Badge with Mortar Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. The Combat Infantryman Badge is awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engages in active ground combat, and actively participating in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The applicant's service in Vietnam coincided with the following campaigns listed in Appendix B of the regulation: * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 2. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows DAGO Number 59, dated 1969, cited the applicant's unit, the 4th Battalion, 39th Infantry, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period from 19 December 1966 to 28 June 1969. DISCUSSION: 1. The evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device and Army Commendation Medal during his period of service. His 1970 DD Form 214 does not list these awards. 2. The evidence also shows while serving in an infantry MOS in an infantry unit, he engaged in military actions involving conflict with an armed hostile force in Vietnam on 3 December 1969. He met the criteria for award of the Combat Infantryman Badge. His DD Form 214 does not reflect this award. 3. He received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SGT/E-5, served in Vietnam and was awarded the Bronze Star Medal with "V" Device and Purple Heart, and completed 2 years of honorable service. There is no bar to awarding him the Army Good Conduct Medal (1st Award) for the period of service from 6 December 1967 to 5 December 1969. 4. He was awarded the Vietnam Service Medal and participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his previously awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 5. GO awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. His DD Form 214 does not list this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002470 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002470 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2