ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170008201 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Combat Infantryman Badge * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal 1st Class Unit Citation * Army Commendation Medal * In effect, Meritorious Unit Commendation * Air Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal (1st Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * witness statement * Witness DD Form 214 (Mr. X__) * Witness DD Form 215 (Correction to DD Form 214) (Mr. X__) * Congressional Liaison and Inquiries Packet * Applicant’s Privacy Act Release Form 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 states that he has a Purple Heart with oak leaf cluster (OLC). He was in action and earned the Combat Infantryman Badge from January 1970 to mid-June. He was wounded in the knee while in Cambodia and received four bronze service stars for that period of time. 3. The applicant provides: a. Witness provided a statement and said that he and the applicant served in Vietnam together in the same squad at the same time. b. Witness provided his DD Form 214 and stated that he and the applicant’s DD Form 214 should reflect the same awards and decorations. 3. The applicant is eligible for awards not reflected on his DD Form 214. As a result these awards will be added to his DD Form 214 as administrative corrections and do not require action by the Board. The Board will only consider the award of the Combat Infantryman Badge, Air Medal, Meritorious Unit Commendation, and Army Good Conduct Medal (1st Award). 4. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 16 July 1969. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman). b. He served in Vietnam from 9 December 1969 to 16 June 1970. He was assigned to Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division. c. He was twice wounded as a result of hostile action: 8 January 1970 (fragment wound, left shoulder), and 12 May 1970 (multiple wounds to the knee). d Special Order (SO) Number 252, dated 9 September 1969, shows he qualified expert with the M-16 Rifle. e. SO Number 296, dated 23 October 1969, show he qualified expert with the M-60 Machine Gun. f SO Number 303, dated 30 October 1969, he qualified expert on his M14 Rifle. g. General Orders (GO) Number 110 , dated 18 January 1970 awarded him the Purple Heart for wounds received in action on 12 May 1970. h On 20 January 1970, he accepted non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failure to report. i. GO Number 1886, issued by Headquarters, 25th Infantry Division on 20 February 1970 awarded him the Army Commendation Medal with "V" Device for heroism on 8 January 1970 while assigned to Company A, 3rd Battalion, 22nd Infantry. j. Letter Orders Number D, 1-21 dated 8 January 1971 placed him on the Temporary Disability Retired List. k. He was honorably retired on 14 January 1971. His DD Form 214 shows he was retired in the rank/grade of specialist/E-4. It also shows he completed 1 year, 6 months, and 2 days of active military service. It further shows he was awarded or authorized: * National Defense Service Medal * Purple Heart w/OLC * Vietnam Service Medal * Republic of Vietnam Campaign Medal w/DVC 60 5. By regulation, a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. During his service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive, 1 May - 30 June 1970 6. By regulation, there are three requirements for award of the Combat Infantryman Badge: * be an infantryman satisfactorily performing infantry duties – he held MOS 11B * assigned to an infantry unit during such time as the unit is engaged in active ground combat – he was assigned to Company A, 3rd Battalion, 22nd Infantry, * actively participate in such ground combat – he was twice wounded in combat and he was awarded the Army Commendation Medal with V Device 7. By regulation award of the Air Medal requires calculation of flight hours and type of hours as well as meeting the criteria. 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. 8. DA Pamphlet 672-3, the regulation that governs unit awards and citations does not show the applicant’s unit (Company A, 3rd Battalion, 22nd Infantry) as having received the Meritorious Unit Commendation. 9. By regulation, the Army Good Conduct Medal (1st Award) may be authorized by virtue of: * Completion of at least 1 year of active service; he completed 1 year, 6 months, and 2 days of continuous active service * Excellent conduct and efficiency ratings; his DA Form 20 (Enlisted Qualification Record) shows he received such rating * No record of conviction by a court-martial; his record does not show any derogatory information on file (aside from an Article 15 for a minor offense) BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record the Board concluded that the following awards were supported by evidence to show the applicant either was previously awarded or was eligible for the award and should it should be added to his DD Form 214: * Combat Infantryman Badge * Army Good Conduct Medal Additionally, based upon the administrative notes by the analyst of record, the Board recommended the following requested awards be added to the applicant's DD Form 214: * Army Commendation Medal with V Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal 1st Class Citation * Vietnam Service Medal with 2 bronze service stars * Marksman Marksmanship Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) However, based upon the same documentary review, the Board concluded that the following awards were not supported by evidence for the reasons annotated: Air Medal (no flight hours information provided or available) Meritorious Unit Commendation (unit did not received award) 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him: * Combat Infantryman Badge * Army Good Conduct Medal * Army Commendation Medal with V Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal 1st Class Citation * Vietnam Service Medal with 2 bronze service stars * Marksman Marksmanship Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with M60 Machine Gun Bar 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 awarding him the Air Medal and Meritorious Unit Commendation. 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 service records show he is authorized awards not listed on his DD Form 214. As a result, amend his DD Form 214 to add: * Army Commendation Medal with V Device by General Orders Number 1886, dated 20 February 1970, Headquarters, 25th Infantry Division * Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal 1st Class Citation by Department of the Army General Orders Number 51, dated 1971 * Vietnam Service Medal with 2 bronze service stars (9 December 1969 to 16 June 1970) (Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970, and DA Sanctuary Counteroffensive, 1 May 1970—30 June 1970) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions for individual military decorations. 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 of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. b. The Vietnam Service Medal 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. A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive, 1 May - 30 June 1970 c. The Air Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, who has distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service as described below: (1) Awards may be made for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party, which are of a lesser degree than required for award of the Distinguished Flying Cross. (2) Awards may be made for a single act of meritorious achievement, involving superior airmanship, which are of a lesser degree than required for award of the Distinguished Flying Cross, but nevertheless were accomplished with distinction beyond that normally expected. (3) Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 consecutive months (a month is considered 30 calendar days). e. Meritorious Unit Commendation (previously called the Meritorious Service Unit Plaque) is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Service in a combat zone is not required, but must be directly related to the combat effort. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. Effective 1 March 1961, the Meritorious Unit Commendation was authorized for units and/or detachments for exceptionally meritorious conduct in performance of outstanding services for at least 6 continuous months in support of military operations. Service(s), as used in this paragraph, is interpreted to relate to combat service support type activities and not to the type of activities performed by senior headquarters, combat, or combat support units. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated 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. 4. 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. ABCMR Record of Proceedings (cont) AR20170008201 5 1