IN THE CASE OF:    

		BOARD DATE:  11 August 2015	  

		DOCKET NUMBER:  AR20150000839 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Air Medal with 1st Oak Leaf Cluster 
* Army Commendation Medal 
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

2.  The applicant states he earned the awards listed above and they should be reflected on his DD Form 214.  He was not aware they were not listed until he applied for replacement medals.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

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.  While it appears 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 to the Army of the United States on 11 June 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 21 November 1968 to 20 November 1969 while assigned to Company B, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division (ID).  A review of his records shows that during his service in Vietnam he participated in four campaigns.

3.  General Orders Number 14775, dated 6 November 1969, issued by Headquarters (HQ), 1st ID, awarded him the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight from 21 June to 30 August 1969.

4.  On 23 November 1969, he was promoted to the rank/grade of sergeant (SGT)/E-5.

5.  He was honorably released from active duty on 10 June 1970 in the rank of SGT.  He completed 2 years of creditable active service with no lost time.   

6.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

7.  His record is void of orders for award of the Army Commendation Medal and Combat Infantryman Badge.  

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  It does not show award of the Army Commendation Medal or Combat Infantryman Badge.

10.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

12.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Army Commendation Medal or Combat Infantryman Badge pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

	b.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 2nd Battalion, 16th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970.

15.  Department of the Army Pamphlet 672-3 states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HQ, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal (2nd Award) which is not shown on his DD Form 214.  In addition, his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

2.  He served honorably from 11 June 1968 10 June 1970.  He served in Vietnam, attained the rank of SGT, and received all "excellent" conduct and efficiency ratings.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  His record confirms he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized one additional bronze service star for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected accordingly.

4.  DAGO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

5.  With respect to the Army Commendation Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  The applicant's record is void of orders showing he was awarded this medal.  In the absence of orders to show he was awarded the Army Commendation Medal, there is insufficient evidence to correct his DD Form 214 to show this award.

6.  With respect to the Combat Infantryman Badge, there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  While the applicant's service in Vietnam in an infantry MOS is not in question, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  Regrettably, in the absence of orders or evidence that shows he actively participated in ground combat, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  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 11 June 1968 through 10 June 1970
* deleting award of the Vietnam Service Medal with three bronze service stars from his DD Form 214
* adding the following awards to his DD Form 214 –

* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

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 the Army Commendation Medal and Combat Infantryman Badge.



      ___________X_____________
                  CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20150000839



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ABCMR Record of Proceedings (cont)                                         AR20150000839



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