ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 April 2019 DOCKET NUMBER: AR20170007708 APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 August 1969 be corrected as follows: * change his rank/grade to specialist (SP) 5/pay grade E-5 * add the following awards: * Bronze Star Medal with 2 Oak Leaf Clusters with "V" device (denotes 3 awards) * Combat Infantryman Badge * Air Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Headquarters and Headquarters Company (HHC), 2nd Battalion, 60th Infantry memorandum, 28 June 1969 * DA Form 1577 (Authorization for Issuance of Awards), 4 September 1970 * Certificate for the award of the Army Commendation Medal with "V" device, 8 July 1969 * Certificate for the award of the Bronze Star Medal First Oak Leaf Cluster with "V" device, 31 March 1971 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. On 25 March 1968, the applicant enlisted in the Regular Army for 3 years. He was assigned to HHC, 2nd Battalion, 60th Infantry from 15 September 1968 - 8 April 1969 in the Republic of Vietnam. 3. On 9 October 1968, the applicant was awarded the Combat Medical Badge. Army Regulation (AR) 672-5-1 (Military Awards), in effect at the time, stated if the Combat Medical Badge was awarded for service in Vietnam the Combat Infantryman Badge could not be awarded. 4. On 1 November 1968, the applicant was promoted to SP4/pay grade E-4. 5. A memorandum, 29 March 1969, from HHC, 2nd Battalion, 60th Infantry stated the applicant did not have sufficient time in service for promotion to the next higher grade. 6. AR 600-200 (Enlisted Personnel Management System), then in effect, stated the time in service requirement for promotion to E-5 was 36 months in the primary zone and 24 months in the secondary zone. A waiver could only be obtained if the individual had at least 21 months in service. 7. There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) promoting him to SP5. AR 600-200, then in effect, stated all promotions to grades E-3 - E-9 were announced in orders. 8. On 31 March 1969, the applicant was awarded the Bronze Star Medal with "V" device for heroism on 26 December 1968. 9. A memorandum, 28 June 1969, from HHC, 2nd Battalion, 60th Infantry recommended the applicant for promotion to SP5 prior to his being medically discharged from the service for wounds received while in the Republic of Vietnam. The applicant had been awarded two Purple Hearts and was recommended for the Bronze Star Medal for valor and the Bronze Star Medal for meritorious achievement while in the battalion. 10. On 7 July 1969, the applicant was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam from September 1968 - April 1969. 11. AR 600-8-22 (Military Awards) states an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards. 12. On 24 July 1969, the Commanding General, William Beaumont General Hospital, El Paso, TX directed the applicant be retired for disability with a disability rating of 70 percent (%) on 8 August 1969 and placed on the Temporary Disability Retired List (TDRL) on 9 August 1969. 13. On 8 August 1969, the applicant was retired for temporary disability and placed on the TDRL on 9 August 1969 with a disability rating of 70%. He completed 1 year, 4 months and 14 days of active service. His DD Form 214 shows his rank/pay grade as SP4/E-4. On 4 September 1970, the applicant was issued a DD Form 215 (Correction to DD Form 214) adding awards to his DD Form 214. 14. The applicant's DD Form 214 and DD Form 215 show he was awarded and is authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart (2 Awards) * Combat Medical Badge * Bronze Star Medal * Army Good Conduct Medal * Vietnam Service Medal with 3 bronze service stars * Expert Marksmanship Medal with Rifle Bar * Sharpshooter Marksmanship Badge with Automatic Rifle Bar 15. There is no U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit). There is no record of whether the applicant met the required number of missions and hours for the award of the Air Medal. 16. USARV Regulation(Decorations and Awards), in effect at the time, stated recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit). The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal", and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non- professionalism, mediocrity, or failure to display an aggressive spirit." 17. There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) for the award of the Air Medal, the Bronze Star Medal with two Oak Leaf Clusters or the Combat Infantryman Badge. 18. A review by U.S. Army Human Resources Command (HRC) 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 HRC failed to reveal any orders awarding the applicant a third Bronze Star Medal, the Air Medal or the Combat Infantryman Badge. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the documentary evidence provided by the applicant and that found within the service record, the Board found that replacing the Bronze Star Medal with the Bronze Star Medal (2 awards, 1 “V” device) was warranted. However, the Board determined that the documentary evidence available provided insufficient evidence to show that the applicant was ever promoted to the rank of SP5 and was ever awarded or eligible to be awarded the Air Medal or Combat Infantryman Badge; therefore, that portion of the request was recommended to be denied. 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. 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 and DD Form 215 by deleting the Bronze Star Medal and adding the Bronze Star Medal (2 Awards, 1 with "V" device). 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 promotion to SP5, award of a third Bronze Star Medal, award of the Air Medal and the award of the Combat Infantryman Badge. 3. Additionally, the Board noted the administrative notes below by the analyst of record and recommended those changes be completed as well to more accurately depict the military service of the applicant. SIGNATURE: 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 NOTE(S): A review of the applicant's records shows he was awarded or is authorized additional awards not listed on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 8 August 1969 by adding the: * Army Commendation Medal with "V" device - Headquarters, 9th Infantry Division General Orders Number 9370, 8 July 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation - Department of the Army General Order (DAGO) 8, 1974 * Republic of Vietnam Civil Actions Honor Medal, First Class - DAGO 59, 1969 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. AR 600-8-22 states an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards. 3. AR 600-200, then in effect, stated: a. Promotion of enlisted personnel to grade E-3 through E-9 was announced in routine orders. b. Headquarters, Department of the Army announced each month by separate designation the promotion point cutoff scores for the primary and secondary zone lists for promotion to pay grades E-5 and E-6. The time in service requirement for promotion to E-5 was 36 months in the primary zone and 24 months in the secondary zone. Waiver of minimum service required for promotional consideration in the primary zone was not granted. Personnel in pay grade E-4 with at least 21 months but less than 33 months could, with the use of one waiver for time in service, compete for recommended-list status in the secondary zone. 4. AR 672-5-1, paragraph 5-8a(4) in effect at the time, stated if the Combat Medical Badge was awarded for service in Vietnam the Combat Infantryman Badge could not be awarded. 5. USARV Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal. a. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. 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. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. b. Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit). The recommendation for award must also state that the individual has “met the required number of missions and hours for award of the Air Medal”, and that “the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident”, and that the “individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit." ABCMR Record of Proceedings (cont) AR20170007708 7 1