ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 22 January 2019 DOCKET NUMBER: AR20170010660 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the following: * Combat Infantryman Badge * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Air Medal * Meritorious Unit Commendation * Presidential Unit Commendation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * photograph * Vietnam Combat Certificate for the period 19 July – 13 December 1968 * Purple Heart Certificate, dated 20 December 1968 * DD Form 214, dated 23 February 1970 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 (ABCMR) 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 he has a Purple Heart that has been documented and the Combat Infantryman Badge would go along with it. He has pictures in his dress uniform with the Combat Infantryman Badge on it. He has also sent additional information with the other awards. It would be a disservice to Veterans to let these awards be lost and Veterans not be recognized for their service, honor, and distinction. 3. A review of the applicant’s service record shows the following: * 14 February 1968 – inducted into the Army of the United States in military occupational specialty 11B (Light Weapons Infantryman) * 24 May 1968 – Special Orders (SO) Number 133 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * DA Form 20 (Enlisted Qualification Record) shows the following: * assigned to C Company, 1st Battalion, 12th Cavalry, 1st Air Cavalry Division, in Vietnam * he was awarded or authorized; Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device; Purple Heart and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * his conduct and efficiency ratings were excellent with the exception of unknown ratings during his period of hospitalization * 20 July 1968 – 28 May 1969 - served in Vietnam * 17 January 1969 – SO Number 17 awarded the applicant the Combat Infantryman Badge * 3 February 1969 – General Orders (GO) Number 1328 awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam * 26 January 1970 – GO Number 14 awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency and fidelity * his record contains a handwritten letter that states in pertinent part: “As for his Air Medal there was not a record of it being awarded to him, so on that day (no date identified) his name was being submitted for the Air Medal and the only thing remaining to be done was the paperwork. It should take approximately one month for the award to be completed.” 4. 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. The applicant’s record is void of orders awarding him the Air Medal, likewise it is void of any flight records. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) established the eligibility of individual members for unit citation badges awarded during the Vietnam conflict. During his service in Vietnam his unit was not awarded the Meritorious Unit Commendation or the Presidential Unit Citation. 6. On 13 February 1970, he was honorably released from active duty. His DD Form 214 shows he completed 2 years of net service with 10 months and 9 days of foreign service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 7. The applicant provides: * personal photograph * Vietnam Combat Certificate provided to him for his service in Vietnam from 19 July 1968 to 13 December 1968 with C Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division * Purple Heart Certificate for wounds received in action in Vietnam on 11 December 1968 BOARD DISCUSSION: 1. The Board considered the applicant’s request with all supporting documents, evidence in the service record, and applicable regulations, policy, and guidance. Special Orders Number, dated 17 January 1969 awarded the applicant the Combat Infantryman Badge. The Board finds that the applicant’s request to have the CIB added to his records is warranted. 2. The applicant’s service record also shows excellent conduct and efficiency reports, and there was no derogatory information found. General Order Number 14, dated 26 January 1970 awarded the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency and fidelity. Therefore the Board finds the applicant meets the criteria for award of the Army Good Conduct Medal (1st award) and this request is granted. 3. The applicant’s record is void of any evidence showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar. The Board finds there is insufficient evidence to warrant granting this portion of the applicant’s request. 4. Review of the applicant’s records does not show any orders awarding him the Air Medal, nor does it reveal any flight records. The Board denies the request for the Air Medal. 5. The Board further considered the applicant’s request for the Meritorious Unit Citation and the Presidential Unit Citation. According to Department of the Army Pamphlet 672- 3 (Unit Citation and Campaign Participation Credit Register), his unit was not awarded the Meritorious Unit Commendation or the Presidential Unit Citation during his service in Vietnam. Therefore the Board denies the request to add these citations to his records. ? 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 to add the following: * Combat Infantryman Badge * Army Good Conduct 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: * Expert Marksmanship Qualification Badge * Air Medal * Meritorious Unit Commendation * Presidential Unit Commendation 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): 1. Army Regulation 600-8-22 (Military Awards) states a. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the following three campaigns. * Vietnam Counteroffensive, Phase V, 1 July 1968 – 1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968 – 22 February 1969\ * Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969 b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Department of the Army Pamphlet 672-3 shows: * all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by Department of the Army General Order (DAGO) Number 8, dated 1974 * during his service in Vietnam his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation as confirmed by DAGO Number 42, dated 1972 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 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. GO’s confirmed his award of the Army Good Conduct Medal. ? 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 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 (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. a. 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. b. 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. c. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Meritorious Unit Commendation 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. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. b. The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) 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. c. A basic Marksmanship Qualification Badge is awarded to indicate the degree in which an individual, military, or civilian has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. ABCMR Record of Proceedings (cont) AR20170010660 2 1