BOARD DATE: 23 August 2018 DOCKET NUMBER: AR20160019830 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: 23 August 2018 DOCKET NUMBER: AR20160019830 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 1972 DD Form 214 as follows: * deleting the entry in 22c "Not Verified" * adding to item 22c the entry "2 [years] 8 [months] 20 [days]" * deleting from item 24 the Vietnam Service Medal * adding to item 24 – * Vietnam Service Medal with one silver service star and three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Valorous Unit Award * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * deleting the entry in item 30 "Vietnam Service: NOT VERIFIED" * adding to item 30 "VIETNAM SERVICE: FROM 31 DECEMBER 1966 TO 19 SEPTEMBER 1969" 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 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: 23 August 2018 DOCKET NUMBER: AR20160019830 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) for the period ending on 5 May 1972, to show his period of foreign service in the Republic of Vietnam and all his authorized awards for that service. 2. The applicant states, in effect, his DD Form 214 is missing the following awards: * Bronze Star Medal (2nd Award) * Combat Infantryman Badge * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 3. He states his dates of service in the Republic of Vietnam are not correctly shown on his DD Form 214 because it was issued to him based on temporary records. He served in the Republic of Vietnam from 31 December 1966 to 19 September 1969. He states he served with – * 221st Supply and Services Company, Cam Rhan Bay, Vietnam from 31 December 1966 to April 1967 * Headquarters, Task Force Oregon, Americal Division April 1967 * 23rd Support and Transportation Battalion, Americal Division from October 1967 to October 1968 * Company E, 51st Infantry (Long Range Patrol) from October 1968 to February 1969 * Headquarters and Headquarters Company and Company B, 3rd Battalion, 21st Infantry, 196th Infantry Brigade from February to September 1969 * Company D, 6th Battalion, 31st Infantry, 9th Infantry Division from September to October 1969 4. He is a 68 year old Veteran who could not reenlist in 1972 due to symptoms of post-traumatic stress disorder. He has no military records but states the Board should have morning reports to support his claim. He is a disabled Veteran. 5. The applicant did not provide 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. On 29 July 1965, the applicant enlisted in the Regular Army. He trained as a laundryman and was awarded military occupational specialty (MOS) 57E. 3. On 8 August 1966, he was discharged for the purpose of immediate reenlistment. He was issued a DD Form 214 showing in item 11b (Station or Installation at Which Effected) he was discharged at Michael Barracks, Hoechst, Germany. a. Item 24 (Statement of Service) contains the following data: * Item 24a(1) (Net Service This Period) 1 year and 10 days * Item 24c (Foreign and/or Sea Service) 7 months and 28 days b. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) only shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14). 4. On 9 August 1966, he reenlisted in the Regular Army. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he reenlisted at the 31st Surgical Hospital, United States Army, Europe for 6 years. 5. The applicant's DA Form 20 (Enlisted Qualification Record) for his period of service from 29 July 1965 to 9 September 1971 is not available for the Board’s review. Therefore, his complete record of assignments, conduct and efficiency ratings during this period are unknown. 6. General Orders (GO) 9436 issued by HQ, Americal Division on 16 December 1968 awarded him the Army Commendation Medal for meritorious service during his period of service in the Republic of Vietnam from December 1966 to December 1968, a period of approximately 2 years. This order shows he was assigned to Headquarters and Headquarters Company (HHC), 23rd Supply and Transportation Battalion. His rank was sergeant/pay grade E-5. 7. GO 7403 issued by HQ, Americal Division on 6 August 1969 awarded him the Bronze Star Medal for meritorious service during his period of service in the Republic of Vietnam from December 1966 to September 1969. [Of note, these dates overlap a period of service shown in GO 9436.] His rank was SGT and his unit is shown as HHC, 3rd Battalion, 21st Infantry, 196th Infantry Brigade. 8. Summary Court-Martial Order Number 29 issued by HQ, Special Troops, Fort Jackson, SC shows he was found guilty of being absent without leave (AWOL) from 1 February to 1 April 1970 while assigned to HHC, 2nd Battalion, 5th Infantry, 25th Infantry Division, Army Post Office (APO) San Francisco 09557. Special Court-Martial Order 358 issued by HQ Command, Fort Jackson, SC shows he was found guilty of two periods of AWOL from 27 July to 8 September 1971 and from 9 September to 25 October 1971. His first AWOL was from HHC, U.S. Army Depot, APO San Francisco 96340 and his second was from the U.S. Army Personnel Control Facility located at Fort Jackson, SC. 9. There is a partial DA Form 20 in his military personnel record, dated 22 November 1971 and marked as temporary record, which contains the following information: a. item 22 (MOS) shows he was awarded MOS 76Y2O (Supply Specialist on 10 December 1971; b. item 38 shows – * from 26 October 1971 to on or about 3 January 1972, prisoner * from 4 January to 19 February 1972, causal enroute to Vietnam from Fort Lewis, WA [No evidence he arrived in Vietnam in 1972.] * from 20 January to on or about 3 February 1972, causal enroute to Fort Sill, OK c. item 41 (Awards and Decorations) does not show the Combat Infantryman Badge. There is no Combat Infantryman Badge order announcing this award in his military personnel record. It does show these awards: * National Defense Service Medal * Army Commendation Medal * Bronze Star Medal 10. On 5 May 1972 the applicant was honorably discharged from active duty because he was denied reenlistment due to his two courts-martial. He was issued a DD Form 214 showing, in pertinent part: a. item 20c (Foreign and/or Sea Service) – United States Army – Vietnam "Not Verified"; b. item 23a (Specialty Number and Title) – MOS 76Y, Supply Specialist; c. item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) does not include the Combat Infantryman Badge. It does include – * National Defense Service Medal * Army Commendation Medal * Bronze Star Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) d. item 30 (Remarks) shows he was separated with temporary records. He had 92 days of lost time and his Republic of Vietnam service could not be verified. 11. A review of his military personnel record found no additional award orders for the Bronze Star Medal or other personal decorations awarded during his period of service. 12. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal (2nd Award) pertaining to the applicant. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. It is not an investigative arm of the Army; therefore, it will not conduct investigations or search for missing information. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-8-22 (Military Awards) provides policy and guidance concerning awards, decorations, service medals and badges. a. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Military Awards) 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. b. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations, Army Good Conduct Medal and badges will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. During the Vietnam era special orders were issued by battalion or regimental commanders who had the authority to award the Combat Infantryman Badge. c. The Vietnam Service Medical 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. 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. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, from on or about 31 December 1966 to 19 September 1969, the applicant participated in the following eight campaigns: * Vietnamese Counteroffensive Phase II - 1 July 1966 - 31 May 1967 * Vietnamese Counteroffensive Phase III - 1 June 1967 - 29 January 1968 * Tet Counteroffensive - 30 January - l April 1968 * Vietnamese Counteroffensive Phase IV - 2 April - 30 June 1968 * Vietnamese Counteroffensive Phase V - 1 July - l November 1968 * Vietnamese Counteroffensive Phase VI - 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive - 23 February - 8 June 1969 * Vietnam Summer - Fall 1969 - 9 June - 31 October 1969 d. The Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. Announcement in orders is required. 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 Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. This pamphlet shows the 23rd Supply and Transport Battalion was cited for award of the Meritorious Unit Commendation for the period from 1 January 1968 to 31 August 1969 by Department of the Army (DAGO) Number 53, dated 1970. b. It shows 3rd Battalion, 21st Infantry was cited for award of the Valorous Unit Award for the period 13 May to 17 June 1969 by DAGO Number 43, dated 1972. 6. Army Regulation 635-5 (Personnel Separations – Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The instructions stated: a. For item 22c, enter the total period of active duty service performed outside the continental limits of the United States and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." b. For item 24, enter all awards, decorations and badges. Check the Soldier's records for validity of awards. c. For item 30, enter mandatory entries and/or entries that are too long for their respective blocks. d. Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks section of the DD Form 214 (items 18, 28, or 30 depending upon the year of the DD Form 214) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." DISCUSSION: 1. The applicant does not meet the first criteria for award of the Combat Infantryman Badge because he did not hold an infantry MOS. His two DD Forms 214 show he held MOS 57B and 76Y, both in the supply field. 2. The applicant provided no evidence to support his chronological unit assignment history in Vietnam and his DA Form 20 is incomplete. He self-reports his dates of foreign service in the Republic of Vietnam were from on or about 31 December 1966 to 19 September 1969, a period of 2 years, 8 months and 20 days. By reviewing the two general orders in his record it is reasonable to presume he served with – * HHC, 23rd Supply and Transportation Battalion from 31 December 1966 to 30 December 1968, a period of 2 years * HHC, 3rd Battalion, 21st Infantry, 196th Infantry Brigade from on or about 31 December 1968 to 19 September 1969, a period of 8 months and 20 days 3. Based on the general orders awarding him the Bronze Star Medal and the Army Commendation Medal, it appears the two units he was assigned to in Vietnam received the following unit citations by general orders: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Valorous Unit Award 4. As his assignment history on his DA Form 20 is incomplete, there appears to be insufficient evidence to support award of the Presidential Unit Citation. 5. The applicant participated in eight campaigns during his service in Vietnam. The Vietnam Service Medal is shown on his DD Form 214 with no bronze service stars. He is authorized one silver service star and three bronze service stars to be affixed to his already awarded Vietnam Service Medal, which is not shown on his DD Form 214. 6. The applicant specifically referenced his Army Good Conduct Medal in his request. a. The applicant’s conduct and efficiency ratings from his period of service from his entrance in July 1965 to July 1968 are unknown, However, the regulatory criteria at the time required "excellent" conduct and efficiency ratings for a unit commander to consider and recommend a Soldier for the Army Good Conduct Medal. b. During the applicant's period of service from July 68 to July 71, he was convicted of AWOL by a Summary Court-Martial //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019830 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019830 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2