BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006236 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 April 2018 DOCKET NUMBER: AR20160006236 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards and decorations. 2. The applicant states he served in the Republic of Vietnam (RVN) in military occupational specialty (MOS) 11H (Light Weapons Infantryman). a. He states that he was awarded or is authorized two awards of the Bronze Star Medal (BSM) (one with "V" for heroism), Purple Heart (PH), Air Medal (AM), Army Good Conduct Medal (AGCM), Valorous Unit Award (VUA), RVN Gallantry Cross with Palm Unit Citation, and RVN Civilian Actions Honor Medal First Class Unit Award. However, due to the fog of war, chaos of battle, and the incomplete reporting of information, his DD Form 214 does not show the above awards and decorations. b. He states he is entitled to the BSM for service as a Reconnaissance Team Leader with Headquarters and Headquarters Company (HHC), 3rd Battalion (Airborne), 506th Infantry, during the period October 1967 to May 1968. He quotes Army Regulation (AR) 600-8-22 (Military Awards), paragraph 3-14, "The BSM may be awarded to each member of the Armed Forces of the United States who, after 6 December 1941, was cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945. For this purpose, the U.S. Army's Combat Infantryman Badge or Combat Medical Badge award is considered as a citation in orders. Documents executed since 4 August 1944 in connection with recommendations for the award of decorations of higher degree than the BSM cannot be used as the basis for an award under this paragraph." He also offers extracts from the Military Awards regulation that are relevant to the other awards and decorations he is requesting. 3. The applicant provides two self-authored statements (summarized above) and a list of supporting documents with 24 attachments. 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 21 February 1966 for a period of 3 years. Upon completion of training he was awarded MOS 11H. 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in – * item 29 (Qualification in Arms) – * Rifle (M-14), Expert, 30 March 1966 * Pistol (.45 caliber), Sharpshooter, 30 January 1967 * Grenade Launcher, Expert, 29 June 1967 * Rifle (M-16), Expert, 29 June 1967 * item 31 (Foreign Service): RVN from 3 October 1967 through 2 October 1968 * item 33 (Appointments and Reductions): Sergeant (E-5), 24 June 1967 * item 38 (Record of Assignments) – * HHC, 3rd Battalion, 187th Infantry, Fort Campbell, KY, from 31 October 1966 through 16 February 1967 * enroute to Fort Gulick, Canal Zone, effective 17 February 1967 * assistant gunner (unit unspecified), from 9 March to 30 April 1967 * HHC, 3rd Battalion, 506th Infantry (Airborne), from 5 November 1967 through 15 May 1968 * Company B, 2nd Battalion (Airborne), 502nd Infantry, from 16 May 1968 through 25 September 1968 * item 40 (Wounds): Fragment Wound, Left Leg, 31 May 1968 * item 41 (Awards and Decorations) – * Parachutist Badge * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * Expert Marksmanship Qualification Badge with Grenade Launcher Bar 4. Headquarters, 101st Airborne Division, Fort Campbell, KY, Special Orders Number 192, dated 9 August 1966, awarded the applicant the Parachutist Badge effective 23 June 1966. 5. Headquarters, 1st Brigade, 101st Airborne Division, Special Orders Number (#) 10, dated 10 January 1968, awarded the applicant the Combat Infantryman Badge (1st Award). 6. A review of the applicant's military personnel records revealed the following award-related general orders (GOs) issued to him by Headquarters, 101st Air Cavalry Division – * GO # 3750, dated 18 July 1968 – awarded the ARCOM for meritorious achievement in RVN (30 January 1968 to 26 February 1968) * GO # 5338, dated 6 September 1968 – awarded the ARCOM for meritorious achievement in RVN (1 March 1968 to 31 July 1968) * GO # 9170, dated 8 November 1968 – awarded the BSM with "V" Device for heroism in action in RVN on 31 May 1968 * GO # 10665, dated 13 December 1968 – awarded the AM for meritorious achievement while participating in aerial flight in RVN on 4 August 1968 7. A DD Form 214 shows the applicant entered active duty this period on 21 February 1966, was honorably released from active duty on 2 October 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 2 years, 7 months, and 12 days of net/total active service this period that included 11 months and 29 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214), dated 18 September 2002, shows the – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * Combat Infantryman Badge * ARCOM * RVN Gallantry Cross with Palm Unit Citation 8. A review of the applicant's military personnel records failed to reveal any additional award orders. This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). This review further revealed that item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. 9. In support of his application the applicant provides the following additional documents: a. Four photographs with typed captions indicating they are of the applicant in Army fatigue uniform at Jump School and Jungle Training in Panama and in the RVN. b. HHC, 3rd Battalion (Airborne), 506th Infantry, Fort Campbell, KY, Deployment Roster, dated 11 July 1967, that lists the applicant as a member of the unit. c. Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), pages 77–79, that shows the unit awards pertaining to, in pertinent part, the 502nd Infantry Regiment (2nd Battalion) and 506th Infantry Regiment (3rd Battalion). (See References, paragraph 2, below.) d. A certificate issued by the Commandant and Assistant Division Commander, Headquarters, 101st Airborne Division, Fort Campbell, KY, that shows he successfully completed the Basic Airborne Course during the period 6 June 1966 to 22 June 1966. e. A certificate issued by the Commandant, U.S. Army School of the Americas, Fort Gulick, Canal Zone, that shows he successfully completed the Jungle Operations Course on 3 March 1967. f. A certificate that shows he was initiated into the Domain of the Golden Dragon, Ruler of the 180th Meridian, on 10 October 1967. g. VUA unit citation presented to the applicant by the Secretary of the Army for extraordinary heroism as a member of the 3rd Battalion (Airmobile), 506th Infantry, 101st Airborne Division in RVN between 31 January 1968 and 25 February 1968. h. Combat Infantryman Badge certificate issued to the applicant by the Commanding General, 101st Airborne Division, on 10 January 1968, for active participation in infantry operations against an armed enemy of the United States in RVN. i. RVN Certificate of Service issued to the applicant for his service in RVN during the period 3 October 1967 to 2 October 1968. j. DA Form 1 (Morning Report), dated 24 May 1968, that shows the applicant was reassigned from HHC, 3rd Battalion (Airborne), 506th Infantry (Airborne) to HHC, 2nd Battalion (Airborne), 502nd Infantry. k. Military Assistance Command, Vietnam, certificate that shows the Cross of Gallantry Vietnam was awarded to the applicant. (The certificate does not show a date of action, and it is not signed or dated.) l. GO # 9170, dated 8 November 1968, and a DA Form 4980-5 (BSM) certificate that show the applicant was awarded the BSM for heroism in ground combat in RVN on 31 May 1968. (The narrative citation in the order shows, in pertinent part, "Sergeant [Applicant] was seriously wounded in the left leg.") m. Two DA Forms 4980-14 (ARCOM) certificates and two citations that show the applicant was awarded the ARCOM for meritorious achievement during the periods 30 January 1968 to 26 February 1968 and 1 March 1968 to 31 July 1968. n. GO # 10665, dated 13 December 1968, and a DA Form 4980-9 (AM) certificate and citation that show the applicant was awarded the AM for meritorious achievement while participating in aerial flight in RVN on 4 August 1968. o. A DA Form 4980-10 (PH) certificate, dated 26 April 2002, that shows the applicant was awarded the PH for wounds received in action in RVN on 31 May 1968. p. Two letters of reference, dated 22 August 2006 and 12 March 2016, with two narrative stories from two former Soldiers who served with the applicant, and in pertinent part, attest to his service and actions in RVN. 10. A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster revealed the applicant's name is listed for injuries on 31 May 1968, casualty status code 23 (hostile – wounded in action, not serious, hospitalized). 11. A request for a search 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, Awards and Decorations Branch, failed to return any additional award orders pertaining to the applicant. REFERENCES: 1. AR 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 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. There must have been no convictions by a court-martial. 2. AR 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. An Oak Leaf Cluster (OLC) is awarded to denote a second and each succeeding award of certain decorations, among which (during the period of service under review) included the BSM and ARCOM. b. The Vietnam Service Medal (VSM) 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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns – * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) 3. Department of the Army Pamphlet 672-3 lists awards received by units serving in Vietnam. a. During the applicant's period of assignment to HHC, 3rd Battalion (Airborne), 506th Infantry (5 November 1967–15 May 1968), the battalion was cited for award of the – * VUA for the period 31 January 1968 to 25 February 1968 in Department of the Army General Orders (DAGO) # 43 (1970) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to May 1970 in DAGO # 48 (1971) b. During the applicant's period of assignment to Company B, 2nd Battalion (Airborne), 502nd Infantry (16 May 1968–25 September 1968), the battalion was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in DAGO # 43 (1970), amended by DAGO # 48 (1971) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in DAGO # 48 (1971) c. The pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation and not more than one RVN Civil Actions Honor Medal First Class Unit Citation will be worn by any individual. Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period, only one award will be recorded in official military and historical records. 4. AR 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. b. The instructions for item 24 state to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. 5. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. a. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. b. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards. 2. There is no evidence of record that shows the applicant was recommended for or awarded the BSM for meritorious service or achievement during the period of his tour of duty in RVN (3 October 1967 to 2 October 1968) or during the period of his active duty that is under review. a. The Army regulation the applicant cites with reference to the Combat Infantryman Badge being considered as a citation in orders to support award of the BSM pertains specifically to World War II and the period 7 September 1941 to 2 September 1945. b. A recommendation to deny awarding him the BSM for meritorious service or achievement during the period of his tour of duty in RVN would in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress UP 10 USC 1130. 3. The evidence of record confirms the applicant was wounded in action in RVN on 31 May 1968. The evidence of record substantiates the applicant's entitlement to the PH. 4. The evidence of record also shows: a. general orders awarded the applicant the – * BSM with "V" Device * ARCOM (two awards) b. the applicant qualified for award of the VSM, he participated in four campaigns during his service in Vietnam, and he is authorized four bronze services stars for wear on his already-awarded VSM. ? c. Department of the Army General Orders awarded his units the – * VUA * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Action Honor Medal First Class Unit Citation (two awards) d. special orders awarded him the – * Combat Infantryman Badge * Parachutist Badge e. The applicant qualified for the – * Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Grenade Bars * Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar 5. The applicant served a period of continuous, honorable active duty enlisted service from 21 February 1966 through 2 October 1968. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SGT (E-5) and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the AM and two awards of the ARCOM for his meritorious achievements during a 12-month tour of duty in Vietnam. d. The available evidence of record and the regulatory guidance in effect at the time show the applicant met the criteria for the AGCM (1st Award). BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006236 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. awarding him the Army Good Conduct Medal (1st Award) for the period 21 February 1966 through 2 October 1968 and b. deleting the Vietnam Service Medal and Army Commendation Medal from his DD Form 214 for the period ending 2 October 1968 and adding – * Bronze Star Medal with "V" Device * Purple Heart * Air Medal * Army Commendation Medal (1st Oak Leaf Cluster) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 Bronze Service Stars * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars * Sharpshooter Marksmanship Qualification Badge with Pistol Bar 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 a second award of the Bronze Star Medal. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2