IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150015449 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __x____ ___x____ ___x ____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150015449 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: a. awarding him the Army Good Conduct Medal for the period 28 April 1967 through 16 May 1969 and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 May 1969 by deleting the Vietnam Service Medal with 1 bronze service star and adding: * Army Good Conduct Medal * Vietnam Service Medal with 3 bronze service stars * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation 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 amending his DD Form 214 for the period ending 16 May 1969 to show the Valorous Unit Award. ___________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. IN THE CASE OF: BOARD DATE: 7 February 2017 DOCKET NUMBER: AR20150015449 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) for the period ending 16 May 1969 to show he was awarded or authorized the: * Combat Infantryman Badge (CIB) * "Valorous Unit Medal," interpreted to mean the Valorous Unit Award * "Vietnam Cross of Gallantry," interpreted to mean the Republic of Vietnam Gallantry Cross with Palm Unit Citation * "Civil Actions Medal," interpreted to mean the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states he believes his CIB was awarded by Special Order Number 71, dated 11 March 1968; however, the order did not reach him in time to be included on his DD Form 214. He does not have orders for the "Cross of Gallantry," the "Valorous Unit Medal," or the "Civil Actions Medal" but he has included relevant information that shows he is authorized those awards. 3. The applicant provides: * extract of Special Orders Number 71, issued by Headquarters, 101st Airborne Division on 11 March 1968 * extract, dated July 2014, of the history of 2nd Squadron, 17th Cavalry Regiment, with information about awards, lineage, and honors it received for actions in the Republic of Vietnam * extract of Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) * Department of the Army General Orders (DAGO) Number 21, dated 8 April 1969 * DAGO Number 48, dated 14 October 1971 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 enlisted in the Regular Army on 28 April 1967. He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 11E (Armor Crewman). Following his completion of advanced individual training, he completed the Basic Airborne Course. Later, he was awarded MOSs 11B (Light Weapons Infantryman) and 11D (Armor Reconnaissance Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 10 December 1967 through on or about 27 April 1968. During this period, he was assigned to Troop B, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division, in MOSs 11H (Scout Observer), 11E, and 11D. 4. The applicant was twice wounded during operations against the enemy, on 2 February 1968 and 27 April 1968, and was twice awarded the Purple Heart. In connection with the wounds he received on 27 April 1968 (gunshot wounds to his leg), he was medically evacuated to Fitzsimons Army Hospital, Denver, CO. 5. The applicant's fitness for further service was evaluated by a Medical Evaluation Board on 10 April 1969. His record contains a DA Form 8-118 (Medical Board Proceedings) and corresponding Standard Forms 592 (Narrative Summary) that detail, in numerous places, the circumstances under which the applicant was wounded on 27 April 1967. These documents show the applicant was wounded at Phu Bai, Republic of Vietnam, during his unit's assault on a hostile force. He received gunshot wounds to both thighs, producing an open fracture to his right femur. He was evacuated to the 95th Evacuation Hospital and shortly thereafter to Camp Zama, Japan and Fitzsimons Army Hospital, Denver, CO. 6. The applicant was honorably retired on 16 May 1969 and placed on the Temporary Disability Retired List the following day. 7. The applicant's record is void of any orders or other documentation that shows he was awarded the CIB. 8. The applicant provides an extract of Special Orders Number 71, issued by Headquarters, 101st Airborne Division, on 11 March 1968. This extract, consisting of the first page of the orders, contains the names of numerous members of his unit who were awarded the CIB on 11 March 1968. The applicant's name does not appear on this extract page. 9. His records indicate he is entitled to additional awards which are not shown on his DD Form 214. 10. There is no evidence that indicates the applicant was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of active service. There is no evidence of derogatory information, or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the Uniform Code of Military Justice (UCMJ). Lastly, there is no evidence that shows his commander took action to disqualify him from being favorably considered for, or receiving, his initial award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. The CIB was 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. (1) Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. (2) 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 to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968) 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 Soldier must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 3. DA PAM 672-3 lists the awards received by units serving in Vietnam. An examination of this pamphlet, with a corresponding examination of the relevant DAGOs, shows: a. The 2nd Squadron, 17th Cavalry Regiment was cited for the following unit awards during the period in which the applicant was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 19 April 1968 through 15 August 1968, by DAGO Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971 b. The 2nd Squadron, 17th Cavalry Regiment was cited for the Valorous Unit Award, for the period 7 December 1969 through 16 February 1970 (as announced in United States Army, Vietnam General Orders 5321, dated 1970 and DAGO Number 48, dated 1971), a period during which the applicant was not assigned to the unit. DISCUSSION: 1. The applicant requests correction of his DD Form 214, to show he was awarded or authorized the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award. 2. His record shows he served in the Republic of Vietnam from on or about 10 December 1967 through on or about 27 April 1968. a. During this period, he was assigned to Troop B, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division, in MOSs 11H (Scout Observer), 11E, and 11D. b. His record is void of orders or other documentation that shows he was awarded the CIB. He provides an extract of Special Orders Number 71, issued by Headquarters, 101st Airborne Division on 11 March 1968, which contains the names of numerous members of his unit who were awarded the CIB on 11 March 1968; however, his name does not appear on this extract page. c. His record does contain medical documentation that details, in numerous places, the circumstances under which he was wounded on 27 April 1967. These documents show he was wounded at Phu Bai, Republic of Vietnam, during his unit's assault on a hostile force. d. Given that he was assigned to a cavalry squadron performing infantry duties, was twice wounded, and was medically evacuated for treatment of wounds he received during his unit's assault on a hostile force (in which he was performing infantry duties), it is likely his name was part of the unit roster of members who were awarded the CIB on 11 March 1968, near the end of his period of service in Vietnam. 3. The applicant served in the Republic of Vietnam during three campaigns. His DD Form 214 lists the Vietnam Service Medal with 1 bronze service star as an authorized award; however, it does not reflect the two additional bronze service stars that should be affixed in recognition of all three of the campaigns he participated in. 4. General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the period in which he was assigned. However, these unit awards are not shown on his DD Form 214. 5. The applicant served honorably from 28 April 1967 through 16 May 1969. His records show he received "excellent" conduct and efficiency ratings throughout his period of active service. There is no evidence of derogatory information, or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the UCMJ. Lastly, there is no evidence that shows his commander took action to disqualify him from being favorably considered for, or receiving, his initial award of the Army Good Conduct Medal. The evidence indicates he met the criteria for the Army Good Conduct Medal (1st Award). 6. The applicant's unit of assignment in the Republic of Vietnam was cited for the Valorous Unit Award during the period 7 December 1969 through 16 February 1970. The applicant was not assigned to this unit during this award period and is, therefore, not authorized this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015449 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2