BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002846 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: 26 October 2017 DOCKET NUMBER: AR20160002846 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. deleting the Vietnam Service Medal from his DD Form 214; and b. adding to his DD Form 214 for the period ending 4 June 1970: * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm 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 award of the: * Combat Infantryman Badge * Bronze Star Medal * Distinguished Intelligence Cross * Explosive Ordnance Disposal Badge * Parachutist Badge * Military Outstanding Volunteer Service Medal __________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: 26 October 2017 DOCKET NUMBER: AR20160002846 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 4 June 1970, to show all awards he is entitled to include the: * Combat Infantryman Badge * Bronze Star Medal * Distinguished Intelligence Cross * Explosive Ordnance Disposal Badge * Parachutist Badge * Military Outstanding Volunteer Service Medal 2. The applicant states his tour in Vietnam was during an exceptionally frenetic period due in large part to the TET Defensive and response in 1968-1969. While at the Combined Materiel Exploitation Center (CMEC), he was frequently in the field. While stationed at Fort Bragg, NC, he was very active with the 18th Airborne Corps and performed field duty using STANO (Surveillance, Target Acquisition and Night Observation). 3. The applicant provides: * a self-authored statement * 2 DD Forms 214 * Certificate of Proficiency * several photographs * Diploma * Certificate of Completion * Certificate of Vaccination * Selective Service System Correspondence Postal Card * Combined Intelligence Center Vietnam (CICV) Certificate * 3 memoranda * Correspondence related to a Letter of Appreciation * Extract from Stars and Stripes * Armed Forces Courier Service Courier Designation * Certificate of Appreciation * Military Assistance Command Vietnam Form 144-R (Oral Debriefing and Termination Statement) * DA Form 662 (Request and Authorization for Military Personnel TDY Travel and Civilian Personnel TDY and PCS Travel COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Although the applicant lists Chapter 92, Disabled Veterans of America as counsel, they did not render a request on the applicant's behalf. 2. Counsel provides no additional statement. 3. Counsel provides no additional evidence. 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 14 February 1967. He was honorably discharged on 4 February 1968 to accept a commission. The DD Form 214 he was issued shows he was awarded or authorized the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 3. The applicant was appointed as a Reserve commissioned officer of the U.S. Army and he entered active duty on 5 February 1968. 4. His DA Form 66 (Officer Qualification Record), shows he served in the Republic of Vietnam from 25 July 1968 to 23 July 1969. During this time he was assigned to the 45th Military Intelligence Company performing duty with the: * CMEC from 28 July to 11 October 1968 as the Chief of Field Team 4 in military occupational specialty (MOS) 9300 (Military Intelligence Officer) * CICV from 12 October to 16 December 1968 as the Ordnance Intelligence Officer MOS 24514 * CICV from 17 December 1968 to 21 July 1969 as an Information and Intelligence Officer in MOS 9309 (Aerial Surveillance Officer) 5. Item 21 (Awards and Decorations) of his DA Form 66 does not show award of the Combat Infantryman Badge, Bronze Star Medal, Distinguished Intelligence Cross, Explosive Ordnance Badge, Parachutist Badge and Military Outstanding Volunteer Service Medal. However, item 23 (Qualification in Arms) of his DA Form 66 shows he qualified as an expert marksman with the M-16 rifle. 6. There is no evidence of record which shows he was ever recommended for or received the Combat Infantryman Badge, Bronze Star Medal, Distinguished Intelligence Cross, Explosive Ordnance Badge, Parachutist Badge and Military Outstanding Volunteer Service Medal. 7. The applicant was honorably released from active duty on 4 June 1970. His DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 2 Overseas Service Bars * Joint Service Commendation Medal 8. 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 any orders pertaining to the applicant for the Combat Infantryman Badge, Bronze Star Medal, Distinguished Intelligence Cross, Explosive Ordnance Badge, Parachutist Badge and Military Outstanding Volunteer Service Medal. 9. The applicant provides a self-authored statement in which he claims: a. His initial 5 to 6 months in country consisted of a lot of on the job training. The CMEC was a small, select unit with many specially trained officers. He filled the slot of Chief of Field Team 3 which was vacated by a young ordnance officer who was killed by a Viet Cong booby-trapped case of RPG-7 rockets. He wore black infantry officer insignias on his jungle fatigue collar and he humped with Australians, Republic of Korea infantry, 173rd Airborne and Military Assistance Command, Vietnam - Studies and Observations Group (MACV-SOG) personnel in Ban Me Thuot and Kon Tum. His first assignment was to understudy with a Marine explosive ordnance disposal Gunnery Sergeant and disarm a case of Chinese communist (CHICOM) hand grenades. His second assignment in August 1968 required him to hitch two helicopters and an Aussie Caribou for a ride into the Mekong Delta. Monsoon muck and Viet Cong belligerence were in abundance. He was the only American Soldier among a plethora of Army of the Republic of Vietnam Troops and Russian and Chinese armaments. It was hostile territory, dark and dangerous. Infantry Commander School and his suburban Pittsburg youth prepared him for these unusual challenges. They required versatility and stoicism to fight the constant communist threat. b. The U.S. Government preferred not to be overtly associated with much of his mission. At times, he operated in the fog of continued fiction that existed with the Cambodian's and Laotian's neutrality. His Central Intelligence Agency (CIA) operative, G_____ E., demanded anonymity and no association with the weapons that could be traced to U.S. origins. The squad-sized pallets of enemy ordinance small arms travelled at night westward from Tan Son Nhut across the border. When he questioned his commander regarding the mystery of their mission, his response was always the same, "it is on a need to know basis." This was the world of special activities through which he clumsily negotiated his new path. c. His last six months was with CICV in the targeting sector of "Operation Commando Hunt II." This involved B-52 strikes with the U.S. 7th Air Force; aerial interdiction on the logistical corridor known commonly as the Ho Chi Min Trail. Despite these challenges, during his entire Army service, he continued to volunteer for duties above and beyond the call. d. He requests to be considered for the Combat Infantryman Badge based on his duties with the MACV Defense Force, CMEC Chief Field Team 3, in which he was personally present and under fire with great risk of being wounded or killed. The Bronze Star Medal for meritorious service, the Distinguished Intelligence Cross for his associations with MACV-SOG, SAD (Special Activities Division) and the CIA, the Explosive Ordnance Disposal Badge for disarming CHICOM grenades and booby traps, the Parachutist Badge for training and parachuting with the 18th Airborne Corps, at Fort Bragg, NC, and the Outstanding Volunteer Service Medal for his work with a Vietnam Orphanage and his work as a survival assistance officer at Fort Bragg, NC. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: 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. b. 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. c. The Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components who, subsequent to 31 December 1992, perform outstanding volunteer community service of a sustained, direct, and consequential nature. To qualify for award of the Military Outstanding Volunteer Service Medal a service member's volunteer service must meet the following requirements: (1) be to the civilian community, to include the military family community; (2) be significant in nature and produce tangible results; (3) reflect favorably on the Military Service and the Department of Defense; and (4) be of a sustained and direct nature. d. The Basic Explosive Ordnance Disposal Badge may be awarded by commanding generals of divisions and higher commands; commanders of separate groups or equivalent headquarters exercising operational control of Explosive Ordnance Disposal personnel or units; Commandant, U.S. Army Ordnance Missile and Munitions Center and School; and a commander of an Explosive Ordnance Disposal control group or unit may approve awards of all levels of badges. Any commissioned officer or enlisted Soldier may be awarded the badge if they meet, or have met, all the following requirements: (1) Successful completion of conventional render safe qualification as prescribed for the Explosive Ordnance Disposal course of instruction (minimum requirement). (2) Assigned in a TOE or TDA EOD position for which the basic Explosive Ordnance Disposal course is a prerequisite. (3) Service in a position in paragraph 8–22a(2) must be satisfactory for a period of 18 months for the award to be permanent. (4) Officers must have a Specialty Skill Identifier of 89E (Ordnance Officer) and enlisted personnel must hold the MOS 89D (Explosive Ordnance Disposal Specialist). 2. U.S. Army Vietnam Regulation (USARV) 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat." This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 3. Army Regulation 600-8-22 further states the Combat Infantryman Badge is 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. Additionally, Appendix V of 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. 4. The Distinguished Intelligence Cross is the highest decoration awarded by the U.S. CIA. It is the agency's equivalent to the military's Medal of Honor or Service Cross. The Medal of Honor is awarded by the President of the United States in the name of the U.S. Congress and the Distinguished Intelligence Cross is awarded by the CIA. 5. Army Regulation 600-8-22 further states: 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 with the Vietnam Service Medal award 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 four campaigns: * Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968) * 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) 6. 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. During the period in which the applicant was assigned to the 45th Military Intelligence Company his unit was cited for award of the Meritorious Unit Commendation for the period 1 January 1968 through 31 December 1969 by Department of the Army General Orders (DAGO) Number 51, dated 1971. 7. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant's DA Form 66 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); however, his DD Form 214 does not reflect this badge. 2. During his service in Vietnam, general orders awarded the unit he served with the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect these unit awards. 3. The evidence of record shows the applicant participated in four 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. His record does not contain orders awarding him the Bronze Star Medal. In addition, there is no documentation confirming the publication of orders for this award. The governing Army regulation requires announcement of all personal decorations in orders. 5. Notwithstanding the applicant's contentions, award of the Combat Infantryman Badge requires evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit of brigade, regimental or smaller size, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. In this case, the evidence does not show he met any of the three qualifying factors for award of the Combat Infantryman Badge. 6. The applicant's service record does not contain orders and he provides none to show he was awarded the badge. Additionally, the available evidence does not show he completed the requisite course of instruction while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or that he participated in at least one combat parachute jump for award of the Basic Parachutist Badge. 7. There are four prerequisites for award of the Explosive Ordnance Disposal Badge. The applicant's service record does not contain orders and he provides none to show he was awarded this badge. The applicant's records do not reveal he met the requirements for this badge. 8. The Military Outstanding Volunteer Service Medal may be awarded to members of the Armed Forces of the United States and their Reserve Components subsequent to 31 December 1992. The applicant's service was completed prior to the creation and authorization of this medal. 9. The Distinguished Intelligence Cross is the highest decoration awarded by the U.S. CIA and is not within the purview of this board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002846 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002846 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2