IN THE CASE OF: BOARD DATE: 28 September 2020 DOCKET NUMBER: AR20200001650 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal (4th Award) * Army Commendation Medal (2nd Award) * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 20 November 2019 * Headquarters, 1st Air Cavalry Division, Special Orders Number 182, dated 1 July 1969 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 16794, dated 27 December 1969 * DA Form 4980-14 (Army Commendation Medal Certificate), dated 27 December 1969 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4847, dated 2 April 1970 * DA Form 4980-5 (Bronze Star Medal Certificate), dated 2 April 1970 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9446, dated 3 June 1970 * DA Form 4980-14, dated 3 June 1970 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9526, dated 4 June 1970 * DA Form 4980-5, dated 4 June 1970 * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 10060, dated 13 June 1970 * DA Form 4980-5, dated 13 June 1970 * Bronze Star Medal Citation for the period May 1969 to May 1970 * DD Form 603-1 (War Trophy Inventory), 17 July 1970 * DD Form 214 * DD Form 256A (Honorable Discharge Certificate), dated 1 January 1975 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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: a. His DD Form 214 does not reflect his Army Commendation Medal (2nd Award), Bronze Star Medal (4th Award), or Combat Infantryman Badge he was awarded. b. The company clerk was antagonistic and tore up the documents of his medals. He was more interested in going home than challenging the medals he earned. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 11 August 1968 will be administratively corrected without Board action to show award of the: * Air Medal Numeral 2 * Third Award with "V" Device to his previously-issued Army Commendation Medal * one silver service star to his previously-issued Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) 4. The Board will consider the applicant's request for award of his Bronze Star Medal (4th Award) and the Army Good Conduct Medal. 5. On 7 January 1969, the applicant was inducted into the Army of the United States. 6. He served in Vietnam during the period 25 May 1969 to 10 August 1970 and he participated in five campaigns. While in Vietnam, he was assigned to Company B, 1st Battalion (Airmobile), 8th Cavalry Regiment, 1st Cavalry Division (Airmobile). 7. He provided copies of: a. Headquarters, 1st Air Cavalry Division (Airmobile), Special Orders Number 182, dated 1 July 1969, which awarded him the Combat Infantryman Badge. b. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 16794, dated 27 December 1969, which awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 15 November 1969. c. his DA Form 4980-14, dated 27 December 1969, that shows he was awarded the Army Commendation Medal for heroism in the Republic of Vietnam on 15 November 1969. 8. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 4847, dated 2 April 1970, awarded him the Bronze Star Medal for meritorious service not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam for the period May 1969 to May 1970. 9. He provided a copy of his DA Form 4980-5, dated 2 April 1970, that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period May 1969 to May 1970. 10. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 7042, dated 2 May 1970, awarded him the Army Commendation Medal with "V" Device for the period August 1969 to April 1970. 11. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 8688, dated 27 May 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from May 1969 to May 1970. 12. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 9526, dated 4 June 1970, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 27 April 1970. 13. He provided a copy of his DA Form 4980-5, dated 4 June 1970, showing he was awarded the Bronze Star Medal for heroism in ground combat in the Republic of Vietnam on 27 April 1970. 14. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 10060, dated 13 June 1970, awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam for the period May 1969 to August 1970. (NOTE: This is the same period indicated in General Orders Number 4847, dated 2 April 1970, same Headquarters, which also awarded him the Bronze Star Medal.) 15. He provided a copy of his DA Form 4980-5, dated 13 June 1970, showing he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement in ground operations against hostile forces during the period May 1969 to May 1970 in the Republic of Vietnam. 16. Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 14519, dated 8 August 1970, awarded him the Air Medal Numeral II for meritorious achievement while participating in aerial flight in the Republic of Vietnam from December 1969 to August 1970. 17. His DA Form 20 (Enlisted Qualification Record) – shows in: a. item 38 (Record of Assignments) – he received all "excellent" or "good" conduct and efficiency ratings. b. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal (2nd Award) with "V" Device * Army Commendation Medal with "V" Device * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) and (M-16) 18. On 11 August 1970, he was honorably released from active duty. His DD Form 214 shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Army Commendation Medal b. item 26 (Non-pay Periods Time Lost (Preceding 2 years)) – None. 19. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 7 January 1969 to 11 August 1969. 20. His records are void of orders awarding him the Army Good Conduct Medal. BOARD DISCUSSION: 1. After review of the application and all supporting evidence, in addition to the corrections noted in the Administrative Notes below the signature block, the Board found that partial relief was warranted. 2. The Board agreed with the analyst of record that there is sufficient evidence to add the ARCOM and the CIB (see Administrative Notes (below the Signature Block)). 3. Upon review of the records, the Board agreed that the applicant is eligible for award of the Army Good Conduct Medal. The Board found sufficient evidence to grant the AGCM due to the evidence of record, which confirms he served honorably during his period of active service. His DA Form 20 reflects excellence ratings, his record does not contain any information that would have precluded him from being recommended for or awarded the AGCM (1st Award), and he was honorably released from active duty. 4. However, the Board found insufficient evidence of error regarding the applicant’s request to have his BSM (4th Award) added to his DD Form 214. The applicant’s records contain two sets of orders for covering the same period of time (May 1969 to May 1970) and only one award is authorized for the same period. This award is already reflected on his discharge document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to grant partial relief. 2. The Board determined that important information is missing from the applicant’s record. The Board, therefore recommends the applicant’s record be corrected by awarding and adding the AGCM to the applicant’s DD Form 214 dated 11 August 1970. 3. The Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned regarding award of the BSM (4th award). 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): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: * Air Medal Numeral 2 * Third Award with "V" Device to his previously-issued Army Commendation Medal * one silver service star to his previously-issued Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) REFERENCES: 1. Title 10, United States 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 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 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. (1) Awards may be made for acts of heroism, which are of lesser degree than required for the award of the Silver Star. (2) The Bronze Star Medal may be awarded for meritorious achievement or meritorious service to recognize single acts of merit or meritorious service. b. Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service. c. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals. d. The oak leaf cluster is issued to denote award of second and succeeding awards of decorations (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards. A silver oak leaf cluster is worn instead of five bronze oak leaf clusters. e. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. A silver service star is worn instead of five bronze service stars. 3. 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 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. 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. 4. Department of the Army Pamphlet 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows 1st Battalion (Airmobile), 8th Cavalry Regiment, was awarded the: a. the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 43, dated 1972, for the period 1 May 1970 to 29 June 1970, a period he was assigned to the unit. b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972, for the period 1 January 1969 to 1 February 1970, a period he was assigned to the unit. c. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 11, dated 1973, for the period May 1969 to February 1970, a period he was assigned to the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001650 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1