IN THE CASE OF: BOARD DATE: 10 February 2022 DOCKET NUMBER: AR20210017305 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 July 1971 as follows: * show award of the Combat Infantryman Badge * change his rank/pay grade from specialist four (SP4)/E-4 to sergeant (SGT)/E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Army Review Boards Agency letter, dated 18 March 2021 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to add the Combat Infantryman Badge without Board action. 3. The applicant states that he received his promotion orders after his discharge. In addition, the Combat Infantryman Badge was missing from his DD Form 214 at the time of discharge. 4. The applicant's service record shows: a. On 28 November 1969, the applicant enlisted in the Regular Army. b. The applicant served in Vietnam during the period 22 July 1970 to 19 July 1971 while assigned to: * D Company, 1st Battalion, 7th Cavalry, 1st Cavalry Division * D Company, 1st Battalion, 7th Cavalry, 3rd Brigade * Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry, 1st Air Cavalry Division c. His DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 33 (Appointment and Reductions) – * PVT – 28 November 1969 * Private/PV2 – 28 March 1970 * Private First Class (PFC) – 10 June 1970 * SP4 – 1 February 1971 (2) Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Bronze Star Medal * Army Commendation Medal * Bronze Star Medal with "V" Device (3) Item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings. d. Special Orders Number 338 issued by Headquarters, 1st Cavalry Division, dated 4 December 1970, awarded the applicant the Combat Infantryman Badge, effective 18 November 1970. e. Special Orders Number 54 issued by Headquarters, 1st Cavalry Division, dated, 23 February 1971, promoted the applicant to the rank of SP4, effective 1 February 1971. f. A DD Form 214 shows the applicant was honorably released from active duty on 20 July 1971. The form shows in: * Item 5a (Grade, Rate or Rank) – SP4 * Item 5b (Pay Grade) – E-4 * Item 6 (Date of Rank) – 1 February 1971 g. The applicant's available records are void of orders promoting him to the rank of SGT. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found no evidence indicating the applicant was promoted to SGT. In the absence of documentation showing he was promoted to SGT, the Board determined the rank recorded on his DD Form 214 is not an error. 3. The Board found the applicant met the criteria for the Army Good Conduct Medal. The Board determined he should be awarded this medal and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding him the Army Good Conduct Medal (1st Award) for the period 28 November 1969 through 20 July 1971 and adding this medal to his DD Form 214 * Making the corrections described in Administrative Note(s) below 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 promotion to sergeant. 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): The applicant received or is authorized additional awards that were not recorded on his DD Form 214. Correct the applicant's DD Form 214 by adding the following: * Bronze Star Medal with "V" Device * Combat Infantryman Badge * Two bronze service stars with his Vietnam Service Medal * 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 3-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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-200 (Enlisted Personnel Management System), in effect at the time, prescribes policies and procedures for the career management of Army enlisted personnel, classification and reclassification of enlisted Soldiers in a military occupational specialty, utilization of enlisted personnel, denying reenlistment under the Qualitative Management Program, testing Active Army enlisted soldiers under the Enlisted Evaluation System, award of a Selective Reenlistment Bonus to an enlisted member and an Enlistment Bonus to an enlistee, administering Special Duty Assignment, and promotions and reductions in grade. Section 7-4 (Orders) states the promotion of enlisted personnel to grades E-4 through E-9, appointments, grade reductions (except for Article 15 or court martial), and grade restorations will be announced in orders. 3. AR 624-200 (Promotions, Demotions, and Reductions Appointment and Reduction of Enlisted Personnel), in effect at the time, prescribed policies and procedures governing the appointment and reduction of all enlisted personnel on active duty, other than active duty for training. Section I (General) states: a. Authority to appoint – Appointment authority of personnel assigned to their commands is delegated to the following commanders: (1) For appointment to grades in pay grades E-3 and E-4, Company, Troop, Battery, or separate Detachment Commanders. (2) For appointment to grades in pay grades E-5 through E-9, Commanders of Regiments, Battle Groups, separate or Detached Battalions, or any similar or separate organization which is authorized a Commander in the grade of Lieutenant Colonel or higher, and when commanded by a field grade officer. b. Computation of time in pay grade, and time in service – In determining an individual's eligibility for appointment under these regulations: (1) Time-in pay grade will be computed from the active duty date of rank established at time of current entry into the pay grade in which serving. (2) Time-in service will be computed by giving credit for all active duty in any of the Armed Forces, less time lost under Title 10, USC, Section 972. 4. AR 635-5 (Separation Documents) then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. a. Item 5a – Enter grade in which serving at time of separation, indicating whether permanent or temporary. b. Item 5b – Enter pay grade. 5. Department of the Army General Order 42, issued in 1972, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 1st Battalion, 7th Cavalry, for the period 21 February 1970 through 28 February 1971. 6. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017305 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1