IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20170006815 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: 26 September 2018 DOCKET NUMBER: AR20170006815 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. deleting the Vietnam Service Medal from his DD Form 214. b. adding to his DD Form 214 – * Vietnam Service Medal with one silver service star * Valorous Unit Award (2nd award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksman 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 and any additional unit citations. ___________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: 26 September 2018 DOCKET NUMBER: AR20170006815 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 and 23 unit citations. 2. The applicant states he served with 4th Battalion, 23rd Infantry Regiment, and was involved in multiple combat engagements. He personally fought in ground combat as a member of B Company. His unit received 23 unit citations while serving in Vietnam. 3. The applicant provides no supporting documentation. 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. On 18 September 1967, the applicant was inducted into the Army of the United States. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows – * award of military occupational specialty (MOS) 31B (Field Radio Maintenance) on 6 February 1968 * award of MOS 31G (Tactical Communications Chief) on 13 February 1969 * service in Vietnam from 10 March 1968 through 8 March 1969 * assignment to Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry Regiment, from 19 March 1968 to 3 October 1968 with duty as a radar mechanic * assignment to Company B, 4th Battalion, 23rd Infantry Regiment, from 3 October 1968 through 4 March 1969 with duty as a radio mechanic * award of the – * National Defense Service Medal * Vietnam Service Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 4. On 17 September 1969, the applicant was released from active duty. His DD Form 214 lists his awards as – * National Defense Service Medal * Vietnam Service Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal 5. The applicant served in Vietnam during five campaigns. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 of U.S. Army Vietnam (USARV) Regulation 672-1 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. b. A bronze service star is authorized for wear on the Vietnam Service Medal for each campaign period for which a Soldier served in Vietnam. A silver service star is worn in lieu of five bronze service stars. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows that, during the applicant's period of service in Vietnam, the 4th Battalion, 23rd Infantry Regiment, was awarded two Valorous Unit Awards, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. DISCUSSION: 1. While the applicant served in Vietnam in an infantry unit, he did not hold an infantry MOS. As such, he was not eligible for award of the Combat Infantryman Badge. 2. The applicant served in Vietnam during five campaigns and is authorized to wear a silver service star with his Vietnam Service Medal. His DD Form 214 does not reflect the silver service star. 3. The record does not show that the applicant’s unit of assignment in Vietnam received 23 unit citations during his period of service with the unit. The record does, however, show the applicant is authorized award of two Valorous Unit Awards, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards were not listed on his DD Form 214. 4. The applicant's award of the Marksman Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006815 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170006815 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2