BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160004524 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: 12 September 2017 DOCKET NUMBER: AR20160004524 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 16 October 1963 through 14 October 1966 * amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Devise (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that 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 any relief in excess of that described above. __________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: 12 September 2017 DOCKET NUMBER: AR20160004524 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 award of a combat medal. 2. The applicant states he was stationed in Pleiku, Vietnam, on 7 February 1965 when they came under attack in the middle of the night and stayed in their sand-bagged bunkers for about a week. He believes he should have been given a combat medal. 3. The applicant provides: * Wikipedia article, dated 29 November 2015, Titled "Attack on Camp Holloway" * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 16 October 1963. He completed the 8-week Food Service Specialist Course at Fort Lee, VA, and he was awarded military occupational specialty (MOS) 94B (Cook). 3. He served in Vietnam from 24 May 1964 to 21 May 1965. He was assigned to Headquarters and Headquarters Company (HHC), 52nd Aviation Battalion. 4. General Orders (GO) Number 493, issued by Headquarters, U.S. Army Vietnam, on 29 March 1965, awarded him the Air Medal for meritorious achievement from 25 November 1964 to 14 January 1965. 5. Special Orders (SO) Number 251, issued by Headquarters, 4th Infantry Division, Fort Lewis, WA, on 1 October 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 14 October 1966. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Air Medal 7. His records do not show any general orders awarding him any individual awards such as the Bronze Star Medal and/or the Army Commendation Medal, or any special orders awarding him the Combat Infantryman Badge. 8. His records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service. 9. He provides a Wikipedia article titled "Attack on Camp Holloway." The author describes an attack that occurred on 7 February 1965 at a helicopter facility near Pleiku, Vietnam. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service b. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962 – 7 March 1965) and the Vietnam Defense Campaign (8 March – 24 December 1965). 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. 2. Army Regulation 600-8-22 further states: a. 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 members who held/served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 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 Army Commendation Medal may be awarded to any member of the Armed Forces 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. d. 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. 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. There must have been no convictions by a court-martial. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with HHC, 52nd Aviation Battalion in Vietnam, from 24 May 1964 to 21 May 1965, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1963 to January 1966 by DAGO Number 46, dated 1968. 5. Army Regulation 600-8-22 states in paragraph 1-14, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to Title 10, U.S. Code, section 1130 (10 USC 1130), a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130 a. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under 10 USC 1130, one must submit a DA Form 638 (Recommendation for Award). b. The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, an award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. c. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, one must submit their request through a Member of Congress who should send it to the U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The applicant did not specify what combat award he seeks. However, based on his records and the evidence he provides, there is no evidence he was recommended for or awarded a combat award other than the Air Medal. a. Award of the Combat Infantryman Badge requires an infantry MOS and assignment or attachment to an infantry unit. The applicant held a food service MOS and he served with an aviation unit in Vietnam. b. Award of the Army Commendation Medal or Bronze Star Medal (service, achievement) requires a formal recommendation, approval through the chain of command, and announcement in orders. There is no evidence he was recommended or awarded either award. c. Award of a "V" device with the Air Medal (as well as the Army Commendation Medal and Bronze Star Medal) requires acts of heroism involving conflict with an armed enemy d. The article provided by the applicant reflects the author's point of view and is neither corroborated with witness statements nor official sources. But even if it had been, the article does not specify what actions the applicant took and/or the degree of his achievement, valor, or contributions to the events on that day. e. Nevertheless, while the available evidence is insufficient for awarding the applicant a combat award, this in no way affects his right to pursue his claim for such an award by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 2. The applicant served in Vietnam from May 1964 to May 1965. He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960). This award is not listed on his DD Form 214. 3. He was awarded the Vietnam Service Medal. Additionally, he participated in two campaigns during his service in Vietnam. He is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not show these service stars. 4. It appears he met the criteria for award of the Army Good Conduct Medal (1stt Award) in that: * he served honorably from 16 October 1963 through 14 October 1966, a period of 2 years, 11 months, and 29 days * he served in Vietnam and attained the rank/grade of SP4/E-4 * he served a qualifying period and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification 5. Through the publication of orders, he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214. 6. His unit in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004524 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004524 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2