BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170006894 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: 24 October 2018 DOCKET NUMBER: AR20170006894 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; b. awarding him the Army Good Conduct Medal (1st Award) for the period 13 December 1963 through 6 January 1966; c. deleting the Vietnam Service Medal from his DD Form 214; and d. adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal ______________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: 24 October 2018 DOCKET NUMBER: AR20170006894 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 Combat Infantryman Badge (CIB) and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states he was an infantryman assigned to 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division. He performed his duties as an infantryman, fought in active ground combat, and received the Purple Heart for wounds received as the result of action with enemy forces. 3. The applicant provides a copy of 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 13 December 1963. Upon completion of training, he was awarded military occupational specialty (MOS) 11B (Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) reflects the following information: a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 16 August through 21 November 1965. b. Item 38 (Record of Assignments) shows that during his time in the Republic of Vietnam he served as a Rifleman in Company C, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile), in duty MOS 11B. c. Item 38 shows that he received all "excellent" conduct and efficiency ratings. d. Item 41 (Awards and Decorations) shows no entry for award of CIB. 4. On 6 January 1966, he was honorably released from active duty at the expiration of his term of service. There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal. The DD Form 214 he was issued at the time show he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Purple Heart, and Vietnam Service Medal. 5. A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, there is no evidence showing that he was ever recommended for or awarded the CIB. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the CIB pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The CIB 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. c. The regulatory guidance for awarding the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965). d. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 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 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. 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. The applicant was assigned to Company C, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile) from 16 August to 21 November 1965 during a period for which the unit was awarded the: a. Presidential Unit Citation by Department of the Army General Order (DAGO) Number 40, dated 1967; and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, 1969. DISCUSSION: 1. The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial. There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal (1st Award) for the period 13 December 1963 through 6 January 1966. 2. Evidence shows the applicant participated in one campaign during his service in Vietnam. Therefore, he is entitled to one bronze service star for wear with his previously awarded Vietnam Service Medal. 3. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). He is also authorized the National Defense Service Medal. 4. General orders cited his unit in Vietnam for award of a Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure in Vietnam. 5. The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty. 6. By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces. The CIB was also awarded to infantry personnel who were members of infantry platoons and squads in cavalry squadrons and regiments. The applicant’s award of the Purple Heart is evidence of participation in active ground combat as an infantryman. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170006894 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170006894 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2