ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20170016438 APPLICANT REQUESTS: in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 August 1970 to show all his authorized awards and decorations for his service in the Republic of Vietnam. He specifically requests: * Vietnam Service Medal with four bronze service stars * three Meritorious Unit Commendations (MUC) * three Republic of Vietnam Gallantry Gross Unit Citations with Palm * three Republic of Vietnam Civil Actions Honor Medals, First Class APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal statement with an award matrix * DD Form 214 for the period ending 2 August 1970 * DD Form 215 (Correction to DD Form 214) * excerpt from Department of the Army (DA) Pamphlet (PAM) 672-3 (Unit Citation and Campaign Participation Credit Register), dated 24 March 2017 FACTS: 1. The applicant did not file within the 3 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 item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) of his 1970 DD Form 214 does not reflect all individual and unit awards awarded or authorized for his period of military service. He provides a matrix outlining his units of assignment, the approximate dates of his assignment to each unit, the inclusive time period of service within each unit for the specific unit award he is requesting, and general order numbers as documented in DA PAM 672-3. He also requests the Vietnam Service Medal with four bronze service stars. In addition, he believes he is entitled to the following: * Republic of Vietnam Civil Actions Honor Medal First Class, by Department of the Army General Order (DAGO) Number 53, dated 1970, for 1st Battalion (BN) (Mechanized (MECH)), 16th Infantry (IN), 1st IN Division (DIV) for service from 29 July to 15 November 1970 * Republic of Vietnam Civil Actions Honor Medal First Class by DAGO 53, dated 1970, for Company (Co) D, 1st Medical (MED) BN, 1st IN DIV for service during the period 16 November 1969 to 20 March 1970 * Republic of Vietnam Gallantry Cross Unit Citation with Palm by DAGO 2, dated 1971, for 1st BN (MECH), 16th IN, 1st IN DIV for service from 29 July to 15 November 1969 * MUC by DAGO 51 dated 1971, for the U.S. Army Vietnam during the period 29 July 1969 to 20 March 1970 * MUC by DAGO 51, dated 1971, during the period 21 March to 28 July 1970 for the U.S. Military Assistance Command, Vietnam * MUC by DAGO 43, dated 1972, for 6th Convalescent Center, 44th MED Brigade (BDE) for service from 21 March to 28 July 1970 * Republic of Vietnam Gallantry Cross Unit Citation with Palm by DAGO 8, dated 1974, for the U.S. Army, Vietnam for the period of service from 8 February 1962 to 28 March 1973 * Republic of Vietnam Gallantry Cross Unit Citation with Palm by DAGO 8, dated 1974, for the U.S. Military Assistance Command, Vietnam for the period from 8 February 1962 to 28 March 1973 3. On 9 September 1968 the applicant entered active duty as a member of the U.S. Army Reserve (USAR) in the rank and grade of second lieutenant/O-1. He completed officer basic training and served as a member of the U.S. Army Medical Service Corps. 4. A review of his DA Form 66 (Officer Qualification Record) shows in item (17) Foreign Service) he served in the U.S. Army Pacific Command (USARPAC), Vietnam from 29 July 1969 through 28 July 1970. Item 18 (Record of Assignments) contains the following information for his period of service in the Republic of Vietnam: * from 3 August to 11 November 1969, he served as a medical operations assistant assigned to Co D, 1st BN (MECH), 16th IN, 1st IN DIV, USARPAC * from 12 November 1969 to 23 March 1970, he served as a medical operations assistant and executive officer assigned to Co D, 1st MED BN, 1st IN DIV, USARPAC * from 24 March to 27 July 1970, he served as a personnel officer assigned to 6th Convalescent Center, U.S. Army Medical Command – Vietnam (Provisional), USARPAC 5. Further review of his DA Form 66 shows he was not assigned to the U.S. Military Assistance Command or its subordinate units. He also was not assigned directly to Headquarters, U.S. Army Vietnam. 6. On 2 August 1970 he was honorably relieved from active duty and transferred to the USAR Control Group (Annual Training) to complete his statutory service obligation. He was issued a DD Form 214 documenting his service. His total active service for this period is shown as 1 year, 10 months and 24 days. a. Item 30 (Remarks) shows his service dates in the Republic of Vietnam as 29 July 1970 to 28 July 1970. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) contains the following entries: * National Defense Service Medal shown as "NDSM" * Republic of Vietnam Campaign Medal with Device (1960) shown as "VCM" * Vietnam Service Medal shown as "VSM" * Bronze Star Medal shown as "BSM" * Combat Medical Badge shown as "CMB" * Two overseas service bars shown as "2 O/S Bars" 7. On 28 July 1971 the applicant’s 1970 DD Form 214 was corrected by issuing a DD Form 215 (Correction to DD form 214) to show his period of service in the Republic of Vietnam was from 29 July 1969 to 28 July 1970. 8. Army Regulation 600-8-22 (Military Awards) shows during his period of service in the Republic of Vietnam he participated in four named campaigns. Thus, he is authorized four bronze service stars affixed to his already awarded Vietnam Service Medal. 9. The U.S. Army general orders are filed on-line at the U.S. Army Publishing Directorate (https://armypubs.army.mil). The orders subsequently reviewed by the Board were those identified by the applicant in his application and documented in DA PAM 672-3. a. A review of DAGO Number 53, dated 1970, shows it confirmed award of the Republic of Vietnam Civil Action Honor Medal, First Class awarded by the Government of the Republic of Vietnam to 1st IN DIV and its assigned and attached units including the 1st IN BN, 16th IN for the period from October 1965 to 7 April 1970 and the 1st MED BN for the same period. This order did not specifically identify Co D, 1st MED BN, 16th IN separately as receiving this award. b. A review of DAGO Number 2, dated 1971, shows it confirmed and awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm to 1st IN BN, 16th IN, 1st IN DIV for its gallantry action from July 1965 to 26 June 1970. c. A review of DAGO Number 51, dated 1971, shows it did not award the MUC to the U.S. Army, Vietnam. d. A review of DAGO Number 43, dated 1972, shows it confirmed award of the MUC to the 6th Convalescent Center at Cam Ranh Bay for the period from 1 August 1969 to 31 October 1970 as announced in U.S. Army Vietnam General Orders 2204-390, dated 1971. e. A review of DAGO Number 8, dated 1974, contains the following instructions: (1) The U.S. Military Assistance Command and its subordinate units were awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for advising and supporting the Vietnamese Army, Navy and Air Force while enhancing their combat capabilities, allowing for the successful completion of important and continuing search and destroy military operations. It further contributed toward the establishment and modernization of critical military bases, assuring that the varied and many construction programs were accomplished. (2) Headquarters, U.S. Army, Vietnam and its subordinate units performed both significantly and heroically while serving in the Republic of Vietnam from 20 July to 28 March 1973. This force assisted the Vietnamese people in their struggle against a determined Communist aggressor. The named large-scale operations included MASHER, BIRMINGHAM, CEDAR FALLS, and JUNCTION CITY. It will be long remembered for its direct support role of the Republic of Vietnam troops who actively engaged in operations against aggressive forces. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. The applicant’s records should be corrected to show award of the following: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Civil Action Honor Medal, * Meritorious Unit Commendations (MUC) * Republic of Vietnam Gallantry Gross Unit Citations with Palm * Republic of Vietnam Civil Actions Honor Medals, First Class 2. The Board did not find sufficient evidence to provide any additional awards or to provide three of any 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: 2. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded the following and provide him the medals available from the U. S. Army: • Vietnam Service Medal with four bronze service stars • Republic of Vietnam Civil Action Honor Medal, • Meritorious Unit Commendations (MUC) • Republic of Vietnam Gallantry Gross Unit Citations with Palm • Republic of Vietnam Civil Actions Honor Medals, First Class 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 in excess of that recommended above. 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. REFERENCES: 1. Title 10, USC, 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Field Manual (FM) 1-02.1 defines the military word “unit” as a Department of Defense (DoD) military element whose structure is prescribed by competent authority, such as a table of organization and equipment; specifically, part of an organization. 3. Army Regulation 600-8-22 (Military Awards) states 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Reviewing the applicant’s DA Form 66, it appears he served during the following four campaigns. * Vietnam Summer - Fall 1969 - 9 June - 31 October 1969 * Vietnam Winter - Spring 1970 - 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive - 1 May - 30 June 1970 * Vietnamese Counteroffensive Phase VII - l July 1970 - 30 June 1971 4. Army Regulation 600-8-22 (Military Awards), chapter 7 (United States Unit Awards) states awards are made to organizations when the heroism displayed or meritorious service performed is a result of a group effort. Unit awards are authorized for recognition of certain types of service, usually during war, as a means of promoting espirit de corps. All unit awards approved by Headquarters, Department of the Army (HQDA) will be announced and confirmed in U. S. Army general orders. An approved unit award is for the designated unit and is authorized to members of that unit who participated in the cited action. Not more than one unit decoration will be awarded for the same act of heroism or for the same period of meritorious service. The intent is to prohibit duplicate awards for meritorious service. 5. DA PAM 672-3 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. a. It further states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, where a single unit received duplicate Vietnamese unit awards during the same period of time only one award will be recorded in official military and historical records. As an example, Battery D, 5th BN, 2nd Artillery, was award the Republic of Vietnam Gallantry Cross with Palm during the following periods: 1 September 1968 to 15 March 1969 and from 1 September 1968 to 30 September 1970. Members of this unit who were assigned during either of these two periods are eligible for only one award. b. The Republic of Vietnam Civil Actions Unit Citation was awarded by the Vietnamese Government for valorous combat achievement in four degrees, as follows: * With Palm – to a unit which is cited for the Armed Forces * With Gold Star – to a unit which is cited before a Corps * With Silver Star – to a unit which is cited before a Division * With Bronze Star – to a unit which is cited before a REGT/BDE c. DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation to Headquarters, U.S. Army Military Assistance Command and its subordinate units during the period from 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and is subordinate units during the period from 20 July 1965 to 28 March 1973. (The U.S. Military Assistance Command was implemented to assist the Military Assistance Advisory Group – Vietnam controlling every advisory and assistance effort (Special Forces operations) in Vietnam. The U.S. Army Vietnam controlled the activities of all U.S. Army services and logistical units in South Vietnam until 15 May 1972 when it was merged with U.S. Military Assistance Command. The 44th Medical Brigade was a subordinate unit to U.S Army Vietnam – Medical Command. ) d. This pamphlet shows 1st BN, 16th INF received two awards during the applicant’s period of assignment: (1) The Republic of Vietnam Gallantry Cross with Palm for the period April to October 1969 [inclusive] by DAGO 2, dated 1971. (2) The Republic of Vietnam Civil Actions Honor Medal, First Class, for the period from October 1965 to 7 April 1970 by DAGO 53, dated 1970. e. This pamphlet shows 1st MED BN less Co C received the Republic of Vietnam Civil Action Honor Medal First Class for the period from October 1965 through 7 April 1970 by DAGO 53, dated 1970. f. It shows the 6th Convalescent Center received the MUC for the period from 1 August 1969 to 31 October 1970 by DAGO 43, dated 1972. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170016438 8 1