IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170007760 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 exceptionally meritorious service during the period 17 April 1968 through 21 March 1970; and b. amending the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 21 March 1970, by deleting the Vietnam Service Medal and adding the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Sharpshooter 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 amending the applicant's DD Form 214 to show he was authorized the Vietnam Service Medal with four bronze service stars or the Valorous Unit Award, or awarded the Combat Infantryman Badge. 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: 1 April 2019 DOCKET NUMBER: AR20170007760 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 1 April 2019 DOCKET NUMBER: AR20170007760 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 21 March 1970, to show he was awarded or authorized the: * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge 2. The applicant states these awards/decorations were either missed or unknown at the time of his separation. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 21 March 1970 * an extract from DA Pamphlet 672-3 (Decorations, Awards, and Honors, Unit Citation and Campaign Participation Credit Register) 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * General Orders Number 12257, issued by Headquarters, 25th Infantry Division on 29 September 1969 (Army Commendation Medal (ARCOM)) * DA Form 20 (Enlisted Qualification Record) REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that: a. The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. A bronze service star is authorized for wear on the VSM for each campaign period during which a Soldier serve in Vietnam. Appendix B, Table B1 shows that during his service in Vietnam, the applicant participated in the following three campaigns: * Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) b. The Combat Infantryman Badge is awarded to infantry officers and warrant officers and to enlisted Soldiers possessing an infantry military occupational specialty (MOS). An enlisted Soldier must have an infantry specialty, they must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and they must be personally present and under hostile fire while serving in that unit. (1) Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided 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) USARV Regulation 672-1 provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It establishes standardized policy for preparing and distributing the DD Form 214 and states that all awards and decorations for all periods of service. Each entry will be verified by the Soldier's records and abbreviations are not to be used. 4. 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, 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. 5. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. a. It is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Additional unit awards are included for meritorious achievement in the continental United States (CONUS) and other foreign countries. b. The 3rd Squadron, 4th Cavalry Regiment was authorized the following unit awards during the period in which the applicant was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 1 January through 31 March 1969, by Department of the Army General Orders (DAGO) Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 1 April 1969 through 30 April 1970, by DAGO Number 5, dated 1973 c. Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION: 1. While 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 17 April 1968. He completed his initial entry training and was awarded MOS 11E (Armor Crewman). 3. The applicant's DA Form 20 shows: * he was promoted to sergeant/E-5 on 29 November 1968 * his conduct and efficiency ratings were excellent * he served in Vietnam from on or about 22 March 1969 through on or about 21 March 1970, where he was assigned to: * Troop A, 3rd Squadron, 4th Cavalry Regiment, from on or about 1 April 1969 through on or about 12 February 1970, in MOS 11E (Gunner) * Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry Regiment, from on or about 13 February 1970 through on or about 17 March 1970, in MOS 67B (Heavy Truck Driver) * he was awarded or authorized the: * Bronze Star Medal * Purple Heart * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. General Orders Number 12257, issued by Headquarters, 25th Infantry Division on 29 September 1969, awarded the applicant the Army Commendation Medal for meritorious achievement for the period 1 July through 31 August 1969. 5. The applicant was honorably released from active duty on 21 March 1970. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. The applicant's Army Commendation Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar are not shown on his DD Form 214. 7. There is no indication in the applicant's available record that shows he was awarded the Army Good Conduct Medal (1st Award). His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his entire period of service. Despite the lack of award orders, there is no evidence of any convictions by courts-martial, nonjudicial punishment under Article 15 of the Uniform Code of Military Justice, or other documentation that shows his commander contemplated withholding his favorable recommendation or took action to deny him the initial award of the Army Good Conduct Medal. 8. The applicant served in Vietnam during three campaign periods. His DD Form 214 shows he was authorized the Vietnam Service Medal; however, it does not show the three bronze service stars he is authorized in recognition of his campaign participation. 9. DA Pamphlet 672-3 shows that during the period the applicant was assigned, the 3rd Squadron, 4th Cavalry Regiment was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). His DD Form 214 does not show this unit award. 10. The applicant was not assigned to the 3rd Squadron, 4th Cavalry Regiment during a period in which the squadron was authorized the Valorous Unit Award. 11. The applicant has not provided and the available record does not contain evidence that shows he satisfactorily performed infantry duties while assigned or attached to an infantry unit, during any period such unit was engaged in active ground combat, and that shows he was personally present and under hostile fire while serving in that unit. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170007760 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2