IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016424 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: 9 March 2017 DOCKET NUMBER: AR20150016424 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 (1st Award) for the period 11 September 1967 through 15 April 1970; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 April 1970 by: (1) correcting item 5a (Grade, Rate or Rank) by deleting the entry "SP4" and replacing it with the entry "SP5 (T)"; (2) correcting item 5b (Pay Grade) by deleting the entry "E-4" and replacing it with the entry "E-5"; (3) correcting item 6 (Date of Rank) by deleting the entry "4 Mar 68" and replacing it with the entry "26 Mar 69"; (4) correcting item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) by deleting the entries "VSM" and "AM(1OLC)," and adding the following entries: * Bronze Star Medal * Air Medal (Numeral 18) * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) (5) correcting item 30 (Remarks) by adding the entry "Item 5a – SP4 E-4 (P) Aptd; 4 Mar 68." 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 15 April 1970 to show he was awarded the Purple Heart or the 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. IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016424 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 April 1970 to show: a. he was separated in the rank/grade of specialist five (SP5)/E-5; and b. he was awarded or authorized the: * Bronze Star Medal * Purple Heart * Air Medal (Numeral 18) * Army Commendation Medal * Presidential Unit Citation * Combat Infantryman Badge (CIB) * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 2. The applicant states he has multiple awards that are not documented on his DD Form 214. He earned these awards and they should be documented. He is requesting to be issued the CIB since he was in ground combat with the 101st Airborne Division. He was shot down on 3 occasions, and during those times, he engaged in ground combat with the enemy. This is the basis of his request to be issued the CIB. He is also requesting to be issued the Purple Heart for shrapnel wounds he received in service; he is including a copy of his Department of Veterans Affairs (VA) Rating Decision in support of this portion of his request. 3. The applicant provides: * DD Form 214, for the period ending 15 April 1970 * Special Orders Number 37, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO on 6 February 1969 * Special Orders Number 48, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO on 17 February 1969 * Special Orders Number 85, issued by Headquarters, 101st Airborne Division (Airmobile) on 26 March 1969 * General Orders Number 11525, issued by Headquarters, 101st Airborne Division (Airmobile) on 30 August 1969 * General Orders Number 889, issued by Headquarters, 101st Airborne Division (Airmobile) on 2 February 1970 * General Orders Number 3035, issued by Headquarters, 101st Airborne Division (Airmobile) on 18 March 1970 * Presidential Unit Citation narrative * an extract of his VA Rating Decision, dated 24 March 2004 * an extract of his VA Decision Letter, dated 24 March 2004 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 11 September 1967. He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 67N (Utility Helicopter (UH)-1 Helicopter Repairer). 3. The applicant was promoted to the rank/grade of specialist four (SP4)/E-4, effective 4 March 1968. 4. Special Orders Number 37, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO on 6 February 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), effective 17 September 1968. 5. Special Orders Number 48, issued by Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO on 17 February 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), effective 17 September 1968. 6. The applicant served in the Republic of Vietnam from on or about 19 February 1969 through on or about 15 April 1970. During this period, he was assigned to the 158th Aviation Battalion (Assault Helicopter), 101st Airborne Division (Airmobile). He served in MOS 67N duty assignments throughout this period. 7. Special Orders Number 85, issued by Headquarters, 101st Airborne Division (Airmobile) on 26 March 1969, temporarily appointed the applicant to the rank/grade of SP5/E-5, effective 26 March 1969. These orders identify the applicant's unit of assignment as Company B, 158th Aviation Battalion (Assault Helicopter). 8. General Orders Number 11525, issued by Headquarters, 101st Airborne Division (Airmobile) on 30 August 1969, awarded the applicant the Army Commendation Medal, effective 30 August 1969. These orders identify the applicant's unit of assignment as Company D, 158th Aviation Battalion (Assault Helicopter). 9. General Orders Number 889, issued by Headquarters, 101st Airborne Division (Airmobile) on 2 February 1970, awarded the applicant the Bronze Star Medal, effective 2 February 1970. These orders identify the applicant's unit of assignment as Company B, 158th Aviation Battalion (Assault Helicopter). 10. General Orders Number 3035, issued by Headquarters, 101st Airborne Division (Airmobile) on 18 March 1970, awarded the applicant the Air Medal (2nd through 18th Awards), effective 18 March 1970. These orders identify the applicant's unit of assignment as Company B, 158th Aviation Battalion (Assault Helicopter). 11. The applicant was honorably released from active duty on 15 April 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) the following day. His DD Form 214 shows in: a. Block 5a (Grade, Rate or Rank) and Block 5b (Pay Grade), he was separated in the rank/grade of SP4)/E-4; and b. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the: * Air Medal (1st Oak Leaf Cluster) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Crewmember Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal) * 2 overseas service bars 12. 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 (Enlisted Qualification Record) 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. 13. The applicant's record is void of any orders or other documentation that shows he was awarded the Purple Heart or the CIB. 14. The applicant's name is not listed on the Vietnam casualty roster. 15. The applicant provides extracts of his VA Rating Decision and VA Decision Letter, each dated 24 March 2004. These documents show the applicant was granted service-connected status for a shrapnel wound, left shoulder, with retained foreign body. The Rating Decision notes the absence of any documentation in the service medical records that shows the applicant was treated for a shrapnel wound during his period of military service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. It stated all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. a. For item 5a, the preparer was instructed to enter the separating Soldier's grade in which he/she was serving at the time of separation, indicating whether permanent or temporary (e.g., SP5 (T)); b. For item 5b, the preparer was instructed to enter the separating Soldier's pay grade (corresponding with the grade, rate or rank identified in item 5a); c. For item 6 (Date of Rank), the preparer was instructed to enter the separating Soldier's date of rank for the grade, rate or rank shown in item 5a; and d. For item 30 (Remarks), the preparer was instructed that the remarks section would be used to complete entries too long for their respective items. Specifically, if the grade shown in item 5 was not permanent, enter the permanent grade, date of appointment, and date of rank to the permanent grade. 2. 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 Purple Heart is awarded to a member of the Armed Forces or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record. b. 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. (2) USARV Regulation 672-1 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. c. 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 four campaigns: * Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) 3. 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. An examination of this pamphlet, with a corresponding examination of the relevant Department of the Army General Orders (DAGO), shows Company B, 158th Aviation Battalion (Assault Helicopter) was cited for the following unit awards during the period in which the applicant was assigned: * Presidential Unit Citation, for service during the period 10 May through 21 May 1969, DAGO Number 16, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 21 February through 14 May 1969, by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 25 February 1969 through 2 May 1970, by DAGO Number 48, dated 1971 DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was separated in the rank/grade of SP5/E-5 and to show numerous missing awards he received during his service in Vietnam. 2. The evidence of record shows the applicant was temporarily appointed the applicant to the rank/grade of SP5/E-5, effective 26 March 1969. Although this was a temporary appointment, the governing Army regulation for separation documents allowed for the recording of temporary grades on the DD Form 214. Additionally, the applicant held this rank until he was separated; he was not reassigned to another unit where he was not necessarily required to perform the duties of this grade. If the Board recommends entering his temporary grade in the applicable blocks on his DD Form 214, it would also be appropriate to record his permanent grade (SP4/E-4) in item 30, in accordance with instructions provided in the governing regulation. 3. General Orders awarded the applicant the Bronze Star Medal, the Air Medal (2nd through 18th Awards), and the Army Commendation Medal. These awards are not shown on his DD Form 214. 4. The applicant served honorably from 11 September 1967 through 15 April 1970. 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). 5. The applicant served in the Republic of Vietnam from on or about 19 February 1969 through on or about 15 April 1970. This service in the Republic of Vietnam occurred during four campaigns. The applicant's DD Form 214 lists the Vietnam Service Medal, shown as the "VSM"; however, it does not reflect the four bronze service stars that should be affixed in recognition of the four campaigns he participated in. 6. Department of the Army General Orders awarded Company B, 158th Aviation Battalion (Assault Helicopter) the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which the applicant was assigned. These unit awards are not shown on the applicant's DD Form 214. 7. Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); however, these marksmanship badges are not shown on his DD Form 214. 8. The applicant contends he should be awarded the Purple Heart for shrapnel wounds he received in service. His record is void of any orders or other documentation that shows he was awarded the Purple Heart and his name is not listed on the Vietnam casualty roster. 9. The applicant provides extracts of his VA Rating Decision and VA Decision Letter, each dated 24 March 2004. These documents show he was granted service-connected status for a shrapnel wound, left shoulder, with retained foreign body. The Rating Decision notes the absence of any documentation in the service medical records that shows he was treated for a shrapnel wound during his period of military service. 10. The applicant contends he was in ground combat with the 101st Airborne Division, he was shot down on 3 occasions, and during those times, he engaged in ground combat with the enemy. This is the basis of his request to be issued the CIB. 11. During the applicant's service in the Republic of Vietnam, he was assigned to the 158th Aviation Battalion (Assault Helicopter), 101st Airborne Division (Airmobile), where he served in MOS 67N duty assignments throughout this period. The governing Army regulations provided 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. b. Appendix V of USARV Regulation 672-1 provided that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. USARV Regulation 672-1 provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016424 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016424 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2