ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20170005936 APPLICANT REQUESTS: a. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 17 May 1968 to show: * Purple Heart * Bronze Star Medal with "V" (Valor) Device * Army Commendation Medal * Presidential Unit Citation with 2nd Oak Leaf Cluster * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge (CIB) b. The National Defense Service Medal with bronze service star for his service in the U.S. Army Reserve during the Persian Gulf War. c. The National Defense Service Medal with a second bronze service star for his service during the Cold War. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * General Orders Number 43, Headquarters, 67th Evacuation Hospital, Vietnam, dated 18 July 1966 * Purple Heart Certificate, dated 20 December 1966 * DD Form 149 (Application for Correction of Military Record) * General Orders Number 4077, Headquarters, 1st Cavalry Division (Airmobile), Vietnam, dated 18 July 1957 (date should read 18 July 1967) * Army Commendation Medal Certificate, dated 18 July 1967 * General Orders Number 5279, Headquarters, 1st Cavalry Division (Airmobile), Vietnam, dated 8 September 1967 * Bronze Star Medal Certificate, dated 8 September 1967 * DD Form 214 for the period ending 17 May 1968 * DD Form 256A (Honorable Discharge Certificate), dated 27 May 1971 * excerpts from an unnamed printed publication, undated * DA Form 1577 (Authorization for Issuance of Awards), dated 21 April 1986 * Orders 38-19, Headquarters, First U.S. Army and Fort George G. Meade, Fort George G. Meade, MD, dated 3 March 1992 * DD Form 256A, dated 3 March 1992 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant stated his record was in error because he was released early from active duty at Fort Bragg, NC. 3. The applicant's request for the Purple Heart, Bronze Star Medal with "V" Device, Army Commendation Medal, Presidential Unit Citation (Battery B, 2d Battalion, 19th Artillery), and Republic of Vietnam Campaign Medal with Device (1960) to be added to his DD Form 214 with an effective date of 17 May 1968 is supported by sufficient evidence in his record. These awards will be added to his record as administrative corrections and will not be considered by the Board. 4. The Board will consider his request for the CIB, and Presidential Unit Citation with 2nd Oak Leaf Cluster, and National Defense Service Medal with two bronze service stars. 5. He enlisted in the Regular Army on 28 May 1965 and served in the Republic of Vietnam for two periods, from 8 July 1966 through 6 July 1967 and from 14 February 1968 through 8 May 1968. 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his effective date, duty military occupational specialty (MOS), principal duty, and organization and station or theater, during his two deployments to Vietnam as: a. 13 July 1967 (through 13 January 1967), 13A1P, Cannoneer, Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division, Vietnam. b. 14 January 1967 (through 3 July 1967), 13A1P, Radio Telephone Operator, Battery B, 2d Battalion, 19th Artillery Regiment, 1st Cavalry Division, Vietnam. c. 14 February 1968 (through 8 May 1968), 63B2P, Wheel Vehicle Mechanic, Battery C, 2d Battalion (Airborne), 321st Artillery, Vietnam. 7. His MOS code was shown as 13A (Field Artillery Basic) during his first deployment to Vietnam and 63B (Light Wheel – Vehicle Mechanic) during his second deployment to Vietnam. His records show no orders for the CIB. 8. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 9. Department of the Army, General Order Number 16, dated 1972, awarded Battery B, 2d Battalion, 19th Artillery, the Presidential Unit Citation for actions on 27 December 1966, during the period he was attached to this unit. Department of the Army, General Order Number 59, dated 1969, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969, a period he was attached to the unit. 10. Battery C, 2nd Battalion (Airborne), 321st Artillery, was not awarded the Presidential Unit Citation during the period he was attached. However, Department of the Army, General Order Number 48, dated 1971, awarded 2d Battalion the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March 1968 through 4 October 1968, a period he was attached to this unit. 11. He was released from active duty on 17 May 1968 and transferred to control of the U.S. Army Reserve Control Group (Reinforcement). 12. On 27 May 1971, he was discharged from the U.S. Army Reserve Control Group (Standby). He had a break in service until 18 January 1985. 13. On 19 January 1985, he enlisted in the U.S. Army Reserve for a period of 1 year. 14. On 12 January 1986, he reenlisted in the U.S. Army Reserve for a period of 6 years. 15. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he served in U.S. Army Reserve units in Pennsylvania from 1985 through 1990. 16. On 3 March 1992, he was discharged from the U.S. Army Reserve (Ready). 17. A DA Form 5016 (Chronological Statement of Retirement Points), dated 29 April 2019, provides a detailed listing of retirement points earned in the previous completed anniversary years. His periods of service during the Persian Gulf War, for his anniversary year periods in the Persian Gulf War show: beginning date through ending date, and active duty points: a. For 1990; 19 January 1990 (19900119) through 18 January 1991 (19910118); 18 active duty points. b. For 1991; 19 January 1991 (19910119) through 18 January 1992 (19920118), 19 active duty points. 18. He requested the National Defense Service Medal with bronze service star for the Persian Gulf War. There is no evidence in his record showing he was ordered to active duty during this period other than for training purposes. However, his honorable discharge from the U.S. Army Reserve (Ready), dated 3 March 1992, shows he was in good standing with his reserve unit during this period. 19. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal was established by Executive Order 10448, dated 22 April 1953, and has been amended by several executive orders. a. It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. b. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. c. During the above periods, service members in the following categories will not be eligible for this award: members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training program; any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations; and any service member on active duty for the sole purpose of undergoing a physical examination. d. Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 to a date to be determined will be eligible. e. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: any service member on active duty for the sole purpose of undergoing a physical examination and any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions and like organizations. 20. The Cold War Recognition Certificate recognizes all service members of the U.S. Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. a. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition Program, Attention: AHRC-PDP-A, Department 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. b. The Cold War Recognition Certificate is not an award and is not authorized for entry on the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that in addition to the administrative corrections outlined below the signature, partial relief was warranted. The Board determined the following: 1. The Board found sufficient evidence to grant relief for the following portions of the applicant’s claim: * the applicant’s record shows that he was authorized the National Defense Service Medal (NDSM) for his service in the U.S. Army Reserve during the Persian Gulf War. 2. The Board did not find sufficient evidence of an error or injustice regarding the following portions of the applicant’s claim as no documentation was provided or found within the record showing the applicant was authorized these medals: * the Combat Infantryman’s Badge (the applicant’s record is void of evidence that he served in an 11-series or 18-series MOS) * the National Defense Service Medal for the Cold War (the Cold War is not a covered time period for award of this medal) * Presidential Unit Citation, 2nd award (the applicant’s unit, B Batter, 2nd Battalion, 19th Artillery, was not awarded the PUC during the dates in which the applicant served in that unit) BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 DD Form 214 by adding the National Defense Service Medal. 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: * the Combat Infantryman’s Badge * the National Defense Service Medal (for the Cold War) * Presidential Unit Citation, 2nd award 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. ADMINISTRATIVE NOTES: 1. A review of the applicant's records shows he was authorized awards not shown on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 17 May 1968 by deleting the Vietnam Service Medal and adding: * Purple Heart * Bronze Star Medal with "V" Device * Army Commendation Medal * Presidential Unit Citation * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The applicant qualified for the National Defense Service Medal with one Bronze Service Star based on his Reserve service during the Persian Gulf War. Please add a memorandum to his record showing he is authorized this award. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the National Defense Service Medal was established by Executive Order 10448, dated 22 April 1953, and has been amended by several executive orders. a. It is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. b. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. c. During the above periods, service members in the following categories will not be eligible for this award: members of the Army National Guard and USAR on short tours of duty to fulfill training obligations under an inactive duty training program; any service member on temporary duty or temporary active duty to serve on boards, courts, commissions, and like organizations; and any service member on active duty for the sole purpose of undergoing a physical examination. d. Service members on active duty, members of the Selected Reserve in good standing, and members of other than the Selected Reserve who were called to active duty for any period between 2 August 1990 and 30 November 1995 and 11 September 2001 to a date to be determined will be eligible. e. During these periods, service members in the following categories will not be considered eligible for the National Defense Service Medal: any service member on active duty for the sole purpose of undergoing a physical examination and any Soldier of the Individual Ready Reserve, Inactive National Guard, or the Standby or Retired Reserve whose active duty service was for training only, or to serve on boards, courts, commissions and like organizations. 4. The Cold War Service Medal Act of 2014 authorized the Secretary of the Military Department concerned to issue the Cold War Service Medal to members of the Armed Forces who were discharged or released under honorable conditions after having: a. served on active duty for at least 24 consecutive months during the Cold War (2 September 1945 through 26 December 1991); and b. deployed outside the continental United States for at least 30 days during such period, or performed other Cold War service as the Secretary of Defense may prescribe. c. However, the Secretary of Defense opposed establishment of a Cold War Service Medal because it would duplicate recognition provided by the numerous service medal already authorized during the Cold War era. 5. Public Law 105-85, section 1084, established a Cold War Recognition Certificate to recognize all service members of the U.S. Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition Program, Attention: AHRC-PDP-A, Department 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The Cold War Recognition Certificate is not an award and is not authorized for entry on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005936 7 1