ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20190010886 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * orders for the Army Commendation Medal with "V" Device 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 awarded the CIB for service in Vietnam. He was not issued the orders and the CIB was not entered on his DD Form 214. 3. The applicant's Official Military Personnel File (OMPF) contains Special Orders Number 271, issued by Headquarters, 1st Cavalry Division, on 20 September 1971, awarding him the CIB effective 14 September 1970. Based on this fact, there is sufficient evidence to correct his DD Form 214 by adding the CIB. As a result, the CIB will not be discussed further in this Record of Proceedings. 4. The applicant was inducted into the Army of the United States on 3 September 1969. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in shows in item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings during his active duty service. 6. The applicant's OMPF also contain a DA Form 2496 (Disposition Form), dated 20 August 1971, subject: Request for Award of the Good Conduct Medal, that shows his command requested orders for the Army Good Conduct Medal (AGCM) for the applicant for the period 3 September 1969 to 1 September 1971. However, his record is void of orders for AGCM. 7. The applicant's record is void of unfavorable information that would have precluded him from being awarded the AGCM. 8. The applicant was honorably released from active duty on 1 September 1971, in the rank/grade of specialist four/E-4, after completing 1 year, 11 months, and 29 days of active service. His DD Form 214 does not show the AGCM. 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 record of service to include service in Vietnam, his MOS, units of assignment and awards, and his separation document. The Board found no disqualifying information to preclude award of the Army Good Conduct Medal. The Board concurs with the corrections stated in the Administrative corrections 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 the Army Good Conduct Medal, and; - Amending the applicant’s DD Form 214 item 24 (Decorations, Medals,, Badges, Commendations, Citations and Campaign Ribbons…) for the period of service ending 1 September 1971 by adding the AGCM and the 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): 1. The applicant's OMPF contains Special Orders Number 271, issued by Headquarters, 1st Cavalry Division on 20 September 1971, awarding him the CIB effective 14 September 1970. 2. The applicant was awarded the Vietnam Service Medal with two bronze service stars; however, based on his dates of service in Vietnam (22 February 1970 to 5 January 1971) he is authorized three bronze service stars to be affixed to his Vietnam Service Medal for the following campaigns: * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 3. DA Pamphlet 672-3 shows that while the applicant was assigned to the 2nd Battalion, 8th Cavalry (16 March to 31 December 1970), this unit was awarded the Valorous Unit Award for the period 1 May to 29 June 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971. 4. Based on the foregoing, the applicant's DD Form 214 should be corrected by deleting the Vietnam Service Medal and adding the: * Combat Infantryman Badge * Vietnam Service Medal with three bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm 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, states the AGCM 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010886 4 1