ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:
                   BOARD DATE:     27 March 2019

                   DOCKET NUMBER:  AR20170011924


APPLICANT REQUESTS:  correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the:
* Purple Heart
* Combat Infantryman Badge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* General Orders Number 31

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant’s Purple Heart is supported by General Orders Number 31, dated 10 February 1969; therefore, it will be administratively corrected and not considered by the Board.  The Board will consider the remaining award in his request.  In addition, his service record contains orders awarding him additional marksmanship badges.  These will be addressed in ADMINISTRATIVE NOTES.

3.  The applicant was inducted into the Army of the United States on 18 January 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was in the Republic of Vietnam from 1 December 1968 - 7 March 1969.  Item 38 (Record of Assignments) shows he was assigned to Company D, 2nd Battalion, 7th Cavalry Regiment, 1st Air Cavalry Division.  Item 38 also shows he received conduct and efficiency ratings of "excellent" or "unknown" throughout his service.
5.  On 16 January 1970, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal 
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* 1 overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  There are no orders in the applicant's record awarding him the Combat Infantryman Badge.

7.  Review by HRC 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 Awards and Decorations Branch of HRC, failed to reveal any orders awarding the applicant the Combat Infantryman Badge.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

9.  The applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 18 January 1968 - 16 January 1970 ending with the termination of a period of active Federal service.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was warranted.  Based upon the documentary evidence presented by the applicant and that found within the applicant’s military record, the Board determined that the applicant’s request warranted a full grant plus amendment of DD214 to reflect additional awards noted below within the administrative notes.   


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant the Army Good Conduct Medal (1st Award) for the period from 18 January 1968 - 16 January 1970.

     b.  Awarding the applicant the Combat Infantryman Badge.


     c.  Amending his DD Form 214 by adding the:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)

2.  Additionally, prior to closing the case, the Board noted the administrative notes reflected below by the analyst of record and recommend that those changes be made to more accurately depict the military service of the applicant.


SIGNATURE:

				 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 by adding the:

* Purple Heart is supported by General Orders Number 31, dated 10 February 1969
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) – HQs, U.S. Army Training Center, Fort Leonard Wood, SO Number 67, 7 March 1968
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M60) – HQs, U.S. Army Training Center, Fort Polk, LA, SO Number 103, 24 April 1968
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16) – HQs, U.S. Army Training Center, Fort Polk, LA, SO Number 097, 17 April 1968
* Vietnam Service Medal with 2 bronze service stars  
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - HQs, U.S. Army Vietnam from 20 July 1965 to 28 March 1973, DAGO Number 8 (1974)
 


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 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. 

   a.  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.  
   
   b.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 

3.  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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.  
     b.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Approved campaigns between 1 December 1968 to 7 March 1969 included: 

* Vietnam Counteroffensive, Phase VI, 2 November 1968-22 February 1969
* TET 69 Counteroffensive, 23 February 1969-8 June 1969


ABCMR Record of Proceedings (cont)	 AR20170011924


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