IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002197 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 IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002197 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 his period of service from 12 August 1964 to 1 August 1966 * deleting from item 24 of his DD Form 214 the Vietnam Service Medal * adding to item 24 of this form the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * 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 Air Medal and Combat Medical Badge (2nd Award) and their addition to his DD Form 214. ____________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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002197 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) to show award of the Air Medal, Combat Medical Badge (2nd Award), and any unit citations and decorations earned during his service. 2. The applicant states: a. He believes the record is in error because a large number of casualties and turnover of personnel resulted in award orders not being processed in a timely manner and many were overlooked. He feels the record is unjust, because as a member of the U.S. Army, he is certain that he earned the Air Medal. b. He was awarded the Combat Medical Badge, as shown on his DD Form 214, on 22 November 1965. He should have been awarded a second award of the Combat Medical Badge for his service in 1966 with the 2nd Battalion, 7th Calvary in Vietnam. He is requesting correction of this oversight. c. He is also requesting award of any unit citations and decorations that were awarded after his discharge date, but for which he would be eligible. This will provide a more complete picture to his descendent of the accomplishments of the units he was attached to during these conflict in the Dominican Republic and Vietnam. d. In his condensed service history paper, the applicant reiterated his military service history from August 1964 to August 1966. He stated: (1) From 3 April to 24 November 1965, Company B, 307th Medical Battalion, 82nd Airborne Division, was ordered to the Dominican Republic to assist with the control of an attempted revolt and replacement of the Government. (2) On 18 March 1965, the 82nd Airborne Division issued him the following awards: * Parachutist Badge, Special Orders (SO) Number 26, dated 3 February 1966 * Armed Forces Expeditionary Medal * Combat Medical Badge, SO Number 275, dated 22 November 1965 * Expert Marksmanship Qualification Badge with Rifle Bar (M-16), SO Number 5063 (3) On 15 December 1965, he received orders to the 173rd Airborne Division, Vietnam, with a reporting date no later than 20 December 1965. On 15 January 1966, he arrived in Vietnam. On 27 January 1966, he was assigned to Headquarters and Headquarters Company (HHC), but he was attached to Company A, 2nd Battalion, 7th Calvary Division (Airmobile), 3rd Platoon, as the platoon medic. (4) On 12 February, D_ T_ was killed by friendly fire and he was the medic that attended him. Between 19 and 20 February 1966, his base camp was attacked by mortars and rockets as a diversion for the main attack upon the communications detachment on top of Hong Kong Mountain. They made a night air assault on the mountain, (5) Company A was assaulted again on 13 April 1966, between 5 and 6 May 1966, and 7 May 1966. He remained with them until the unit relocated on 10 May 1966, at which time he returned to headquarters. All of the men killed on 7 May 1966 were his friends and they had served together from 26 January to 6 May 1966. (6) From 1 May to 26 July 1966, he was in country and remained with headquarters, except from 12 to 25 July 1966, when he was assigned to Company C, 2nd Platoon, to replace a medic that was killed on 10 July 1966. On 1 August 1966, he returned to Oakland Army Deport for separation from active duty. (7) He participated in the following operations: * Masher/White Wing – 25 January to 6 March 1966 * Hong Kong Mountain – 19 to 20 February 1966 * Jim Bowie – 10 to 25 March 1966 * Lincoln Phase I, II, III – 25 March to 8 April 1966 * Mosby I, II – 11 April to 3 May 1966 * Browning – 26 April 1966 * David Crockett – 4 to 10 May 1966 * Crazy Horse I, II – 16 May to 5 June 1966 * Deck Hand/Nathan Hale – 18 June to 1 July 1966 * Henry Clay – 2 June 1966 3. The applicant provides his condensed service history, DD Form 214, and three letters of support with 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. He was inducted into the Army of the United States on 12 August 1964 and he held military occupational specialty 91B (Medical Specialist). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) and item 38 (Record of Assignments) show he served in Vietnam from 19 January to 31 July 1966, during two campaigns and was assigned to HHC, 2nd Battalion, 7th Calvary, 1st Calvary Division. b. He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service. c. Item 41 (Awards and Decorations) no entry awarding or authorizing him the Air Medal and Combat Medical Badge (2nd Award). 4. He was honorably released from active duty, in the rank/grade of Specialist Four (SP4)/E-4, on 1 August 1966. His DD Form 214 shows he completed 1 year, 11 months, and 20 days of active service. His DD Form 214 also shows in: * Item 22c (Foreign And/Or Sea Service) – 6 months and 12 days and the entry USARPAC (U.S. Army Pacific) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Vietnam Service Medal * Armed Forces Expeditionary Medal * National Defense Service Medal * Combat Medical Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 5. His record is also void of any DA Form 759-1 (Individual Flight Record and Flight Certificate – Army) to indicate the dates, aircraft type, mission category, duty position, and flight hours accrued by the applicant and/or orders showing he was awarded or authorized the Air Medal during his period of service in Vietnam. 6. He provides the following: a. A letter, dated 25 October 2016, wherein an individual stated he served with the applicant in the 3rd Platoon, Company A, 2nd Battalion, 7th Calvary, 1st Airmobile Division, in Vietnam. All dates and locations are approximately as it had been over 50 years. The applicant served in the same platoon from approximately January to May 1966 as a combat medic and he was a rifleman. Although the applicant was a medic, he went through the same routine as a "grunt." The applicant also replaced several medics that were killed in action. He received the Air Medal for combat assaults on hot landing zones. He hoped the applicant received in Combat Medical Badge because he did not receive his Combat Infantryman Badge until 3 years later when he applied for it. There was no one to process paperwork or to submit requests. b. A letter, dated 25 October 2016, wherein an individual stated he believed the applicant should be awarded the Air Medal for his support of counter insurgency operations conducted in Vietnam, for the period from 26 January to 1 August 1966. He served with the applicant in the 2nd Battalion, 7th Calvary, 1st Calvary Division (Airmobile) during the aforementioned period. The applicant served as the division's medic. He served as the platoon's radio operator and was with the applicant 24 hours a day whenever the platoon was in the field. During this time period, they made many helicopter assaults, in excess of 25, including a night assault on the 19 February 1966. During the period from 1 May to 1 August 1966, he observed the applicant many times during battalion operations delivering medical supplies and treating troops while they were forward deployed to areas that could only be reached by helicopter. The applicant spent many hours in aerial support of counter insurgency operations. The applicant was with him during every helicopter assault he made. It is his contention that the applicant is easily entitled to be awarded the Air Medal. He enclosed copies of General Order (GO) Number 297, which awarded him the Air Medal, and the resulting citation. c. A letter, dated 1 November 2016, wherein an individual stated that he was a medic in Vietnam from 30 November 1965 to 25 November 1966 with HHC, 2nd Battalion, 7th Calvary. The applicant was a replacement medic who was assigned on 28 January 1966 in operation Masher/White Wing. During their time with Company A, the made over 25-50 air assaults. During the attack on Hong Kong Mountain, the applicant's platoon air assaulted the top of the mountain at night, regaining control of the mountain. The applicant deserves the Air Medal that was never awarded and other later awards. He enclosed a copy GO Number 2302, which awarded him the Bronze Star Medal during his period of service Vietnam. 7. On 24 August 2018, a staff member of the U.S. Army Human Resources (HRC) Command stated 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 HRC Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any order for award of the Air Medal and Combat Medical Badge (2nd Award) pertaining to the applicant. REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effective at the time, provided, in pertinent part, guidelines for award of the Air Medal. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. The document defined a mission as the departure of an aircraft from a base camp to a nonsecure landing zone and return and that an additional mission may be credited for each additional landing zone used. Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. a. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation, but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions. 2. Army Regulation (AR) 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The regulation states: a. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. b. The Combat Medical Badge may be awarded to members of the Army Medical Department (AMEDD) (COL/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. a. The Combat Medical Badge is authorize for the Republic of Vietnam Conflict from (2 March 1961 to 28 March 1973), combined with qualifying service in Laos from (19 April 1961 to 6 October 1962). b. Subsequent award of the CMB is not authorized for the same qualifying period. c. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was awarded for: * Vietnam Counteroffensive, 25 December 1965—30 June 1966 * Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 3. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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-marital. 4. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 24 would list all awards awarded or authorized during the period covered by the DD Form 214. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The pamphlet shows his unit, HHC, 1st Calvary Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 9 August 1965 to 19 May 1969, by DAGO Number 59, dated 1969. DISCUSSION: 1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SP4/E-4, served in Vietnam, and completed over 1 year of honorable service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period of service from 12 August 1964 to 1 August 1966. 2. He was awarded the Vietnam Service Medal and participated in two campaigns during his service in Vietnam. He meets the criteria for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 3. GO's awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. This unit award is not listed on his DD Form 214. 4. The applicant's military record does not contain evidence that he met the requirements for award of the Air Medal during his service in Vietnam. Additionally, there are no orders in the available records awarding or authorizing him the Air Medal during this period. Further, item 41 of his DA Form 20 does not list the Air Medal and a review of ADCARS failed to reveal any orders awarding him the Air Medal. 5. The Combat Medical Badge is authorize for the Republic of Vietnam Conflict during the period from 2 March 1961 to 28 March 1973, a period that coincides with the applicant's Vietnam service. The applicant does not meet the criteria for a second award of the Combat Medical Badge because he already received one award during the period qualifying for award during the Vietnam Conflict and no more than one award of the Combat Medical Badge is authorized for each qualifying period. 6. The applicant provided personal statements from individuals with whom he served in Vietnam. His fellow Soldiers attested to witnessing his participation in numerous combat missions via aircraft and to witnessing him provide medical aid to wounded personnel during active combat. His fellow Soldiers believe he is entitled to a second award of the Combat Medical Badge and the Air Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002197 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002197 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2