ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20190006605 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal * Combat Infantryman Badge (CIB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 16 April 2019 * Headquarters, 9th Infantry Division, General Orders Number 6864, dated 17 June 1969 * Bronze Star Medal Certificate, dated 17 June 1969 * Bronze Star Medal citation, undated * Air Medal Certificate, dated 5 July 1969 * Air Medal citation, undated * Certificate of Combat Service, undated * DD Form 214 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 (ABCMR) 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 states he was a combat veteran and he was awarded the Bronze Star Medal and Combat Infantryman Badge, but they were not included on his DD Form 214. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the Bronze Star Medal, Air Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 4. The Board will consider his request for award of the CIB and his qualification for award of the Army Good Conduct Medal (First Award). 5. He was inducted into the Army of the United States on 19 March 1968. 6. Records show he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 26 July 1968. 7. He served in Vietnam from 21 August 1968 to 20 August 1969 and he participated in four campaigns. While in Vietnam, he was assigned to: * Company C, 2d Battalion, 39th Infantry Regiment, 9th Infantry Division, from 1 September 1968 to 1 October 1968 * Company B, 2d Battalion, 39th Infantry Regiment, 9th Infantry Division, from 2 October 1968 to 4 February 1969 * 9th Administration Company, 9th Infantry Division, from 5 February 1969 to on or about 20 August 1969 8. Headquarters, 9th Infantry Division, General Orders Number 6864, dated 17 June 1969, awarded him the Bronze Star Medal for the period 28 February 1969 to 31 May 1969. 9. He provided copies of a. his Bronze Star Medal Certificate, dated 17 June 1969, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 28 February 1969 to 31 May 1969, b. his Air Medal Certificate, dated 5 July 1969, and his Air Medal Citation showing he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 13 October 1968 to 28 December 1968, c. his Certificate of Combat Service that shows he was assigned to the 9th Infantry Division and he was engaged in armed conflict against insurgent forces in the Republic of Vietnam. 10. Headquarters, 9th Infantry Division, General Orders Number 8548, dated 5 July 1969, awarded him the Air Medal for action during the period 13 October 1968 through 28 December 1968. 11. His records contain Headquarters, 9th Infantry Division, General Orders Number 9845, dated 11 July 1969, which shows he was awarded the Silver Star for distinguishing himself by exceptionally valorous actions on 6 January 1969 for action involving close combat with armed hostile force in the Republic of Vietnam. 12. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 33 (Appointments and Reductions) – no reductions, b. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings, c. item 41 (Awards and Decorations) – he was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * Silver Star Medal * Army Commendation Medal 13. On 18 March 1970, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of active service and he had 1 year of foreign service. His DD Form 214 shows in: a. item 23 (Specialty Number and Title) – 11B40, Light Weapons Infantryman, b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Commendation Medal * Silver Star Medal c. item 26a (Non-Pay Periods Time Lost) – "None." 14. His record is void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 19 March 1968 through 18 March 1970. 15. His records are void of orders awarding him the Combat Infantryman Badge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his awards to include the Silver Star and Air Medal, his MOS and unit of assignment, and his service in Vietnam. The Board found that the language in the citations for other awards (SS and AM) provide sufficient evidence to support award of the Combat Infantryman Badge and his conduct and efficiency ratings record supports award of the Army Good Conduct Medal. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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: In addition to the corrections stated in the Administrative Note(s) that follow, 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: - Awarding him the Combat Infantry Badge for his service in Vietnam and the Army Good Conduct Medal; - Amending his DD Form 214, item 24 (Decorations, Medals, Badges, Commendations…) for the period of service ending 18 March 1970 to add the CIB and AGCM as well as those awards listed below. 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 was awarded or authorized the following awards not shown on his DD Form 214: * Bronze Star Medal * Air Medal * four bronze service stars to his previously issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 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 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). A recommendation would include the individual's branch, primary MOS, duty MOS as reflected in the personnel records, and the primary duty position title as entered in the personnel records. Also included would be the dates the individual came under fire, type of operation being conducted, and as an enclosure, a copy of the individual's DA Form 20 as appropriate. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years 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 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * For first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty b. 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. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 2d Battalion, 39th Infantry Regiment, 9th Infantry Division, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 31, dated 1969, for the period 1 July 1968 through 13 November 1968; and for the period January 1969 through June 1969 by DAGO Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 59, dated 1969, for the period 19 December 1966 through 28 June 1969 6. Department of the Army Pamphlet 672-3 specifies that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Republic of Vietnam Gallantry Cross with Palm Unit Citations during the same period, only one will be recorded in official military personnel and historical records. ABCMR Record of Proceedings (cont) AR20190006605 4 1