BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160001944 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 BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160001944 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 May 1969 by: a. deleting the Vietnam Service Medal; and b. adding the: * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 adding the Bronze Star Medal and Air Medal to his DD Form 214. __________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. BOARD DATE: 3 August 2017 DOCKET NUMBER: AR20160001944 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 Combat Infantryman Badge, Bronze Star Medal, Air Medal, and all other awards he is entitled. 2. The applicant states his DD Form 214 does not reflect all of the medals he was awarded during his military service. 3. The applicant provides: * two DD Forms 214 * front page of Special Orders Number 291 * a letter COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: The applicant’s counsel is listed as the Department of Veterans Affairs, however, no additional statement or evidence was provided on the applicant's behalf. 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 20 September 1966. 3. Special Orders Number 28 issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, dated 13 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 4. On 27 August 1967, he was honorably discharged to accept a commission. The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. The applicant was appointed as a Reserve commissioned officer of the U.S. Army and entered active duty on 28 August 1967. The evidence shows he served in the Republic of Vietnam from 27 July 1968 through 22 May 1969 with Company B, 2nd Battalion (Mechanized), 8th Infantry Regiment, 4th Infantry Division. 6. Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified as an expert with the M-14 and M-16 rifles. 7. His records contain: a. General Orders Number 1874 issued by Headquarters, 4th Infantry Division, dated 20 May 1969 awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period September 1968 through May 1969. b. General Orders Number 2096 issued by Headquarters, 4th Infantry Division, dated 26 May 1969, revoking the Bronze Star Medal. 8. The applicant was honorably released from active duty on 24 May 1969. His DD Form 214 does not show award of the Combat Infantryman Badge, Bronze Star Medal, or Air Medal; however, it does show he was awarded the: * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal 9. The applicant provides the front page of Special Orders Number 291 issued by Headquarters, 4th Infantry Division, dated 17 October 1969, awarding him the Combat Infantryman Badge. The signature page is missing; however, the front page contains his correct social security number, name, rank, and branch. 10. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders awarding him the Combat Infantryman Badge, Bronze Star Medal, and Air Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized for wear with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase V (1 July 1968 through 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969) * TET 69 Counteroffensive (23 February 1969 through 8 June 1969) b. 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. c. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows Company B, 2nd Battalion (Mechanized), 8th Infantry Regiment was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 in Department of the Army General Orders (DAGO) Number 3, dated 1970; and b. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 October 1966 through 31 October 1969 in DAGO Number 53, dated 1970. DISCUSSION: 1. Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and the Combat Infantryman Badge; however, his DD Form 214 does not reflect these awards. 2. During his service in Vietnam, general orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. His DD Form 214 does not reflect these unit awards. 3. The evidence of record shows the applicant participated in three campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars. 4. The applicant's DA Form 66 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not reflect these badges. 5. His record does not contain orders awarding him the Bronze Star Medal or Air Medal. In addition, there is no documentation confirming the publication of orders for these awards. The governing Army regulation requires announcement of all personal decorations in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001944 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001944 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2