ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 December 2020 DOCKET NUMBER: AR20200008814 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: .Purple Heart .Army Commendation Medal with "V" Device First Oak Leaf Cluster .Army Valorous Unit Award .Army Good Conduct Medal .Vietnam Service Medal with three bronze service stars .Republic of Vietnam Gallantry Cross with Palm Unit Citation .Combat Infantryman Badge .Parachutist Badge .Expert Marksmanship Qualification Badge with Rifle Bar (M-16) .Noncommissioned Officer Professional Development Ribbon APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record), dated 27 December 2019•Self-authored Statement, undated•Statement of M___, undated•Medal of Honor Certificate for M___, dated 31 July 2017•Medal of Honor Citation, dated 31 July 2017•Army Human Resources Command, Awards and Decorations Branch letter to M___, dated 26 September 2017•Army Human Resources Command Memorandum, Subject: Awards and Decorations for M___, dated 26 September 2017•Excerpt from article in Brutal Battles of Vietnam titled "A Horrendous, Battle: Nui Yon Hill", undated•Infantry Noncommissioned Officer Candidate Course Diploma, dated10 December 1968•Airborne Course Diploma, date 23 January 1969•Noncommissioned Officer Candidate (NCOC) School Combat Leadership Course Certificate, dated 11 April 1969 .Third Training Brigade, Infantry, Fort Gordon Certificate of Achievement, dated11 April 1969 .Headquarters, Americal Division, General Orders Number 8399, dated 25 August1969 .Purple Heart Certificate, dated 3 September 1969 .Headquarters, Americal Division, General Orders Number 246, dated 7 January1970 .Army Commendation Medal Certificate, dated 12 February 1970 .DD Form 214, dated 18 February 1970 FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file. 2.Sufficient evidence is contained in the applicant's records to administratively correcthis DD Form 214 to show award of the majority of his requests. The Board will considerthe applicant's request for award of the Army Good Conduct Medal (1st Award) andParachutist Badge. 3.The applicant states: a.His DD Form 214 is incomplete. The only awards listed are the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal with no service stars. He has orders and certificates authorizing some awards, but never received b. He was deployed to Vietnam from March 1969 through 24 December 1969 andserved with Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, 23rd Infantry Division, known as the Americal Division. His unit was involved in numerous firefights, but the two major battles faced were the Battle for Nui Yon Hill in Tam Ky from 13-15 May 1969 and the Battle in Que Son, Hiep Duc Valley during a mission to recover casualties of a helicopter crash in August 1969. All crewmembers were killed, including Lieutenant Colonel H___, 3rd Battalion Commander. On 21 August 1969, he was wounded during the recovery mission. On 24 December 1969, he contracted malaria and was medically evacuated to Japan. c. After retiring from the civilian sector, he reconnected with M___, head medic for Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, 23rd Infantry Division and Medal of Honor recipient from the Battle for Nui Yon Hill. M___ provided a letter of support. 4.The applicant’s service record shows: a.He was inducted into the Army of the United States on 29 April 1968. b.He served in Vietnam during the period of 9 May 1969 to 21 April 1970, and heparticipated in three campaigns. c.His DA Form 20 (Enlisted Qualification Record) shows in: (1)item 6 (Military Occupational Specialties) – 11B40, Light Weapons Infantry (2)item 38 (Record of Assignments) – he received "excellent" conduct andefficiency ratings (3)item 41 (Awards and Decorations) – .National Defense Service Medal .Parachutist Badge .Vietnam Service Medal .Combat Infantryman Badge .Purple Heart .Republic of Vietnam Campaign Medal with Device (1960) d.Headquarters, US Army Training Center, Infantry, Special Orders Number 167,dated 15 June 1968, shows he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14). e.Headquarters, US Army Training Center, Infantry, Special Orders Number 176,dated 24 June 1968, shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16). f.Headquarters, US Army Training Center, Infantry and Fort Polk, Special OrdersNumber 195, dated 1 August 1968, shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). g.Headquarters, Americal Division, General Orders Number 246, dated7 January 1970, awarded him the Army Commendation Medal with "V" Device for valorous actions in the Republic of Vietnam on 2 November 1969. h.On 18 February 1970, he was honorably released from active duty. HisDD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) .National Defense Service Medal .Republic of Vietnam Campaign Medal with Device (1960) .Vietnam Service Medal 5.The applicant provides:a.a statement from M___, undated, in which he stated he served as the head medic for Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, 23rd Infantry Division, known as the Americal Division from 9 March 1969 to mid-August 1969. Their company was part of the largest division in Vietnam. The applicant joined the company in March 1969 and engaged in ambushes and firefights from the beginning. It is important that the applicant receives the awards that he dutifully earned. (1) Medal of Honor Certificate for M___, dated 31 July 2017, shows he was awarded the Medal of Honor. (2) Medal of Honor Citation for M___, dated 31 July 2017, shows he received the award for conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty from 13 May 1969 to 15 May 1969 while serving as combat medic with Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, Americal Division in the Republic of Vietnam. (3) U.S. Army Human Resources Command (HRC), Awards and Decorations Branch letter to M___, dated 26 September 2017, shows that general order number 2017-31, dated 6 September 2017, announced his award of the Medal of Honor for actions on 13-15 May 1969 in the Republic of Vietnam. HRC also verified his entitlement to the Cold War Recognition Certificate. (4) HRC Memorandum, Subject: Awards and Decorations for M___, dated 26 September 2017, shows awards the witness was entitled to. a. United States Army Infantry School Diploma, dated 10 December 1968, shows he completed the Infantry Noncommissioned Officer Candidate Course. b. United States Army Infantry School Diploma, dated 23 January 1969, shows he completed the Airborne Course. c. DA Form 87 (Certificate of Training), dated 11 April 1969, shows he completed the NCOC School Combat Leadership Course. d. Third Training Brigade, Infantry, Fort Gordon, Certificate of Achievement, dated 11 April 1969, shows he received the award for enthusiastic attitude and outstanding performance of duty while assigned to 8th Battalion, 3rd Advanced Individual Training Brigade (Infantry). e.Purple Heart Certificate, dated 3 September 1969, show he received the awardfor wounds received in action in the Republic of Vietnam on 21 August 1969. f.Army Commendation Medal Certificate, dated 12 February 1970, shows he wasawarded the Army Commendation Medal with First Oak Leaf Cluster for heroism in the Republic of Vietnam on 2 November 1969. 6.See REFERENCES below.BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record, documents provided by the applicant and regulatory guidance. Evidence in the record show the applicant completed the Airborne Course and was awarded a diploma, date 23 January 1969. The Board determined the applicant's service record did not reflect he was awarded the AGCM and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Therefore, relief was granted to correct the applicant’s record and award him the Army Good Conduct Medal and the Parachutist Badge. Prior to closing the case, the Board did note and concur with the administrative notesbelow, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX XX XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of theArmy records of the individual concerned be corrected by amending his DD Form 214 for the period ending 18 February 1970 by adding in: .item 24 (Decorations, Medals, Badges, Commendations, Citations, andCampaign Ribbons Awarded or Authorized) – .Army Good Conduct Medal (1st Award) .Parachutist 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 18 February 1970. As a result, amend his DD Form 214 by: a.deleting the Vietnam Service Medal and b.adding the following awards: .Purple Heart GO 8399 .Army Commendation Medal with "V" Device, Headquarters, AmericalDivision, GO Number 246, dated 7 January 1970 .Vietnam Service Medal with three bronze service stars .Noncommissioned Officer Professional Development Ribbon .Republic of Vietnam Campaign Medal with Device (1960), .Meritorious Unit Commendation, DAGO Number 7, dated 23 April 1970 .Army Valorous Unit Award, DAGO Number 43, dated 29 November 1972 .Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO Number6, dated 25 February 1974 .Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,DAGO Number 53, dated 22 October 1970 .Combat Infantryman Badge .Expert Marksmanship Qualification Badge with Rifle Bar (M-14),Headquarters, US Army Training Center, Infantry, SO Number 167, dated15 June 1968 .Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16),Headquarters, US Army Training Center, Infantry, SO Number 176, dated24 June 1968 .Sharpshooter Marksmanship Qualification Badge with Machine GunBar (M-60), Headquarters, US Army Training Center, Infantry and Fort Polk,SO Number 195, dated 1 August 1968 REFERENCES: 1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so. 2.Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, andadministrative instructions concerning individual and unit military awards. a.The Army Commendation Medal may be awarded to any member of the ArmedForces 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. b.The Noncommissioned Officer Professional Development Ribbon wasestablished by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated Noncommissioned Officer professional development courses. Acceptable evidence of graduation is a diploma, certificate, or a letter signed by an appropriate service school official. Graduates of Noncommissioned Officer Academy courses conducted prior to 1976 for the Regular Army, and 1980 for Reserve Components, will be given credit for the primary level only. Effective 30 March 1989, a service member will be awarded the Noncommissioned Officer Professional Development Ribbon with the numeral which identifies the highest level of Noncommissioned Officer Education System course successfully completed as follows: . bar ribbon device – primary level . 2 – basic level . 3 – advanced level . 4 – senior level c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: . were wounded as a result of hostile action . were captured by hostile forces but later escaped or were rescued or released . were killed in action or otherwise in line of duty d. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam 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. e. The basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump. f. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. A silver service star is authorized in lieu of five bronze service stars. g. 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. h. An oak leaf cluster or numeral device will be awarded for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration. 3. Army Regulation 672-5-1 (Awards), in effect at the time, governed the military awards program during the Vietnam War. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. b. 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. 4. Department of the Army General Orders (DAGO) Number 7, dated 23 April 1970, announced award of the Meritorious Unit Commendation to U.S. Army Hospital, Camp Zama, Japan during the period January 1966 to October 1969. 5. DAGO Number 53, dated 22 October 1970, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 2nd Battalion, 18th Infantry Division during the period 12 July 1965 to 7 April 1970. 6. DAGO Number 43, dated 29 November 1972, announced award of the Army Valorous Unit Award to 3rd Battalion, 21st Infantry Regiment during the period 13 May 1969 to 17 June 1969. 7. DAGO Number 6, dated 25 February 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 3rd Battalion, 21st Infantry Regiment during the period 16 April 1969 to 28 August 1969. //NOTHING FOLLOWS//