IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170002664 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: 5 September 2018 DOCKET NUMBER: AR20170002664 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 Army Good Conduct Medal (1st Award) for his period of service from 21 January 1970 to 15 September 1971 in the rank of sergeant. b. amending item 24 of his DD Form 214 as follows – * deleting the Vietnam Service Medal with one campaign star * adding the following awards – * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar ___________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: 5 September 2018 DOCKET NUMBER: AR20170002664 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 Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and in effect, any other authorized medals or service ribbons. 2. The applicant states, in effect, his record from the National Personnel Records Center shows he earned the Combat Infantryman Badge in the Republic of Vietnam and it is not shown on his DD Form 214. In addition, his marksmanship qualification badge is not shown. 3. The applicant provides – * letter from National Personnel Records Center dated 7 November 2016 * DD Form 214 * DD Form 47 (Record of Induction) * DA Form 20 (Enlisted Qualification Record) * Accelerated Advancement to Private/E-2 dated 20 March 1970 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 in the Army of the United States on 21 January 1970. He was trained in military occupational specialty (MOS) 11B (Infantry). 3. On 15 September 1970, the applicant was promoted to the rank/pay grade of sergeant (SGT)/E-5 and awarded a new primary MOS, MOS 11F40 (Infantry Operations Intelligence Specialist). 4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in the Republic of Vietnam on 14 January 1971. 5. On 13 March 1971, he was awarded the Combat Infantryman Badge by Special Orders Number 72 issued by Headquarters (HQ), 173rd Airborne Brigade. 6. A review of the applicant's DA Form 20 shows the following entries: * item 38 (Record of Assignments) shows he was assigned as follows while in the Republic of Vietnam – * Company E, 1st Battalion, 503rd Infantry from 28 January 1971 to 5 April 1971 * Company E, 2nd Battalion, 503rd Infantry from 6 April 1971 to 19 April 1971 * Company A, 2nd Battalion, 503rd Infantry from 20 April to 23 April 1971 * Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade from 24 April 1971 to 14 August 1971 * Item 38 shows he received all "excellent" conduct and efficiency ratings (There is no derogatory information, record of courts-martial or a commander’s disqualification statement in his record pertaining to the Army Good Conduct Medal.) * Item 41 (Awards and Decorations) in pertinent part shows – * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar 7. On 14 August 1971, he departed the Republic of Vietnam. 8. On 15 September 1971, he was released from active duty in the rank and grade of SGT/E5. He was issued a DD Form 214 showing: * item 22a(1) (Statement of Service – Net Service This Period) – 1 year, 7 months and 25 days * item 22c (Foreign Service) – 7 months and 1 day * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one campaign star * Parachute Badge * one overseas service bar * item 30 (Remarks) in pertinent part, service in the Republic of Vietnam from 14 January 1971 to 14 August 1971 9. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, and failed to locate orders pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Amy policy, criteria, and administrative instructions concerning individual and unit military awards. a. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders (DAGO). Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. b. The Vietnam Service Medical is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant's service in Vietnam, he participated in the following two campaigns: * Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971 * Consolidation I (1 July 1971 - 30 November 1971) 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. There must have been no convictions by a court-martial 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to 503rd Infantry and HHC, 173rd Airborne Brigade these units were cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 5, dated 1973. 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. 5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 24 to enter all awards for all periods of service. Check the Soldier's records for validity of awards including their DA Form 20. DISCUSSION: 1. Orders announced award of the Combat Infantryman Badge, which was omitted from his DD Form 214. 2. His DA Form 20 shows he qualified expert with the rifle and was awarded the appropriate marksmanship qualification badge. This badge was omitted from his DD Form 214. 3. Orders awarded the applicant's assigned units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These awards were omitted from his DD Form 214. 4. The criteria for the award of the first Army Good Conduct Medal includes the applicant's honorable service from 21 January 1970 to 15 September 1971, attaining the rank of SGT, and serving a qualifying period wherein he received "excellent" conduct and efficiency ratings. A review of his record shows no derogatory information or a commander's disqualification statement pertaining to the Army Good Conduct 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) AR20170002664 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002664 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2