BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007371 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007371 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 the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add this badge. 2. The applicant states he was a Special Forces medic in a combat zone in Vietnam. He believes he earned this badge. 3. The applicant provides his DD Form 214. 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 18 February 1966. He completed training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman); he also completed the Basic Airborne Course. 3. He completed the Medical Specialist (Special Forces) Course at the U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC, in May 1967. 4. On 28 July 1967, Headquarters, U.S. Army Special Forces Training Group (Airborne), Fort Bragg, awarded him primary MOS (PMOS) 91B2P (Medical Specialist with Airborne Identifier) and secondary MOS (SMOS) 11C1P. 5. On 25 August 1967, Headquarters, U.S. Army Special Forces Training Group (Airborne), Fort Bragg, awarded him PMOS 91B2S (Medical Specialist with Special Forces Identifier) and SMOS 11C2P. 6. On 9 October 1967, Headquarters, 3rd Special Forces Group (Airborne), Fort Bragg, published Special Orders (SO) Number 207 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 7. He served in Vietnam from 17 December 1967 to 15 December 1968. He was assigned in MOS 91B4S as follows: * 21 December 1967 to 3 May 1968, Company B, 5th Special Forces Group (Airborne), 1st Special Forces * 4 May to 25 September 1968, Headquarters and Headquarters Company (HHC), 5th Special Forces Group (Airborne), 1st Special Forces * 26 September to 15 December 1968, Advisory Team 67, Military Assistance Command Vietnam (MACV) 8. On 10 March 1968, in Vietnam, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, published SO Number 70 promoting him to sergeant (SGT)/E-5 in PMOS 91B4S and awarding him PMOS 91B4S and SMOS 11C4S. 9. His records contain a memorandum, dated 9 August 1968, authorizing him award of the Vietnam Parachute Badge. 10. His service record does not contain Special Orders awarding him the Combat Infantryman Badge. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge; however, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. 11. He was honorably released from active duty on 16 December 1968. His DD Form 214 shows he completed 2 years, 9 months, and 29 days of active service with no lost time. It also shows he was awarded or authorized the: * Parachutist Badge * Vietnam Service Medal * Vietnam Campaign Medal * National Defense Service Medal REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. Paragraph 1-14, eligibility for combat badges (Combat Infantryman Badge Combat Medical Badge, and the Combat Action Badge) is not governed by time limit requirements, although potential recipients of these decorations must still meet eligibility requirements. b. 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 (Awards and Decorations) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H . c. The Combat Medical Badge may be awarded to members of the Army Medical Department, holding the grades of O-6 and below, assigned or attached by appropriate orders to an infantry unit of either a brigade, regiment, or smaller size, or to a medical unit of company or smaller size, organic to an infantry unit of brigade or smaller size, during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941. Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy. d. Effective 19 December 1989, Special Forces personnel possessing MOS 18D (Special Forces Medical Sergeant) who satisfactorily perform medical duties while assigned or attached to a Special Forces unit during any period the unit is engaged in active ground combat, provided they are personally present and under fire. Retroactive awards under these criteria are not authorized prior to 19 December 1989. 2. USARV Regulation 672-1 governed award of the Combat Infantryman Badge and Combat Medical Badge to Army forces operating in South Vietnam. It states: a. The 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. b. The Combat Infantryman Badge is also authorized for award to members of the U.S. Army who are colonels or below and are assigned under appropriate orders as advisors in South Vietnam and meet other requirements: assigned as advisor to an infantry unit, ranger unit, infantry type unit of the civil guard, and/or infantry type unit of the self-defense unit of regimental size or lower level of the South Vietnamese Government during any period such unit was engaged in actual combat. 3. AR 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) states that the Special Qualification Identifier (SQI) is the fifth character of the MOS. It identifies special qualifications that a Soldier has such as "S" for Special Forces. The "S" identifies positions which require assignment of personnel who have completed Special Operations specialist MOS training conducted by the U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS). 4. AR 672-5-1 states that the commander, U.S. Army John F. Kennedy Special Warfare Center and School may award the Special Forces Tab to any individual who successfully completed the Special Forces Qualification Course conducted by the Special Forces School of the Special Warfare Center and is awarded the SQI "S" (enlisted personnel) or ASI "5G" (officer personnel). 5. AR 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial. 6. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the: * 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) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 7. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service in Vietnam, his unit, 5th Special Forces Group, 1st Special Forces was awarded the: * Presidential Unit Citation, 1 November 1966 to 31 January 1968, by Department of the Army General Orders (DAGO) Number 45, dated 1969 * Meritorious Unit Commendation, 31 January 1968 to 31 December 1968, by DAGO Number 70, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 October 1964 to 17 May 1969, by DAGO Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 1 January 1968 to 24 September 1970 by DAGO Number 48, dated 1971 8. DAGO Number 45, dated 16 July 1969, awarded the 5th Special Forces Group (Airborne), 1st Special Forces, the Presidential Unit Citation for extraordinary heroism. The GO read: The 5th Special Forces Group (Airborne), 1st Special Forces, and its assigned and attached units distinguished themselves by extraordinary heroism in combat operations in wide areas of the Republic of Vietnam from 1 November 1966 through 31 January 1968. During this period, members of the 5th Special Forces Group constantly displayed endurance and exceptional heroism, while carrying the fight to the enemy. Operating from remote isolated areas pre dominantly controlled by the enemy, and deploying normally in 12-man teams, United States Army Special Forces detachments so successfully trained, organized, and led their indigenous paramilitary troops that large areas of the Republic of Vietnam were returned to government control. As a direct result, valuable intelligence information was collected and the enemy suffered over 8,000 killed and 2,000 captured during this period. The conspicuous gallantry and extraordinary heroism displayed by the 5th Special Forces Group (Airborne), 1st Special Forces and its assigned and attached units are in keeping with the finest traditions of the military service and reflect great credit on the personnel of the units and the Armed Forces of the United States of America. 9. DAGO Number 70, dated 13 November 1969, awarded the 5th Special Forces Group (Airborne), 1st Special Forces, the Meritorious Unit Commendation for exceptionally meritorious achievement in the performance of outstanding service during the period 31 January 1968 to 31 December 1968. The GO read: The 5th Special Forces Group (Airborne), 1st Special Forces, its assigned and attached units distinguished themselves in support of military operations in the Republic of Vietnam during the period 31 January 1968 to 1 December 1968. The officers and men of the group demonstrated the highest standards of professional soldiering in the outstanding performance of myriad complex tasks throughout the entire theater. Engaged in numerous strategic combat operations, they successfully trained and led Vietnamese Special Forces and Civilian Irregular Defense Group personnel in the accumulation of vital information concerning enemy activity, the denial of large geographical areas and infiltration routes to hostile forces and the destruction of enemy havens and bunker complexes. DISCUSSION: 1. AR 600-8-22 lists three specific criteria for award of this badge: a. First, the Soldier must hold an infantry MOS and be serving in an assigned infantry primary duty. The applicant held both an infantry MOS (11C) as well as a Special Forces Medical Specialist MOS (91B4S). Although his primarily performed as a Medical Special Forces sergeant in Vietnam, he still held the infantry MOS as well. He met this criterion. b. Second, the Soldier must have been assigned or attached as a member of an infantry, unit of either a brigade, regimental, or smaller size during any period such unit was actively engaged in ground combat against enemy ground forces. The applicant was assigned to Company B and HHC of the 5th Special Forces Group as well as an advisor to Advisory Team 67. He met this criterion. c. Third, the Soldier must have been personally present and under hostile fire with his unit of appropriate size, while that unit was actively engaged in ground combat against enemy ground forces, and he must have been satisfactorily performing his infantry duties while engaged in combat. (1) There is no documentary evidence the applicant was personally present and actively performing his infantry duties while his unit was actively engaged in ground combat. (2) However, given his elite training and role and his 12-month tour in Vietnam with a Special Forces unit, and given that his unit was awarded the Presidential Unit Citation for extraordinary heroism and the Meritorious Unit Commendation for exceptionally meritorious achievement in the performance of outstanding service, during a period he was assigned to this unit, it is very likely he was actively engaged in ground combat against enemy ground forces, and satisfactorily performed his infantry duties while engaged in combat. 2. A review of the applicant's records established his eligibility to multiple other awards that were omitted from his DD Form 214; should the Board determine relief is warranted a. The applicant completed Medical Specialist Special Forces Course at Fort Brag and he was awarded the Special Qualification Identifier "S." He met the criteria for award of the Special Forces Tab. b. He was awarded the Vietnam Service Medal. He also participated in five campaigns during his service in Vietnam. He is authorized a silver service star for wear on his already-awarded Vietnam Service Medal. c. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). d. His unit in Vietnam was awarded the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. e. His records contain an approved memorandum authorizing him award of the Vietnam Parachute Badge. f. He served honorably from 18 February 1966 through 16 December 1968. He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal (1st Award). BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007371 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 18 February 1966 through 16 December 1968 * awarding him the Special Forces Tab on 25 August 1967 * awarding him the Combat Infantryman Badge on 15 December 1968 * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Special Forces Tab * Combat Infantryman Badge * Vietnam Service Medal with silver service star * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Vietnam Parachutist Badge 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) AR20160007371 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007371 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2