ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 July 2019 DOCKET NUMBER: AR20180000757 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his earned decorations: * Combat Infantryman Badge (CIB) * Bronze Star Medal (BSM) * Two additional Air Medals (AM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Air Medal Certificate dated 4 February 1969 * Bronze Star Medal Certificate dated 6 June 1969 * Human Resources Command (HRC) – Awards & Decorations Branch Decision 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 he is requesting his DD Form 214 reflect his earned decorations which include the CIB, BSM, and two additional AMs. Due to the haste and fluidity of the era, he is certain it was just an administrative error; however, he would like the rightful adjustment to reflect his honorable service. 3. The applicant provides: a. AM Certificate dated 4 February 1969, for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 1 May 1968 to 1 December 1968. b. BSM Certificate dated 6 June 1969, for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from June 1968 to June 1969. No General Orders are provided. c. HRC, Awards and Decorations Branch letter dated 6 January 2012, which states they were unable to verify entitlement to his request for award of the Purple Heart and the CIB. Based on the documentation provided, they were able to verify he was an infantryman; however, additional documentation was not provided that conclusively identifies him performing infantry duties while the unit was involved in actual ground combat. 4. A review of his service record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider award of the Combat Infantryman Badge, the Bronze Star Medal, two additional awards of the Air Medal, and his eligibility for award of the Army Good Conduct Medal, 5. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 8 December 1967. He was trained in and held military occupational specialty (MOS) 11B (Light Weapons Infantryman). b. He served in Vietnam from 5 June 1968 to 4 June 1969. He was assigned to Company B, 3rd Battalion, 47th Infantry, 9th Infantry Division as an 11B. c. General Orders Number 1241, dated 4 February 1969, awarded him the Air Medal for achievement from 1 1 May 1968 to 1 December 1968. He provides the resultant certificate. d. The record is void of documentation substantiating award of two subsequent awards of the Air Medal. Likewise, the record is void of official orders awarding the BSM. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list either personal decorations as an authorized award. e. He was honorably released from active duty on 18 September 1969. His DD Form 214 shows he completed 1 year, 9 months, and 11 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal * Vietnam Unit Citation * Air Medal * Army Commendation Medal (1st Oak Leaf Cluster) * Marksman Marksmanship Qualification Badge with Rifle Bar 6. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, 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 and there must be no convictions by a court-martial. The applicant’s record is void of documentation awarding him the Army Good Conduct Medal. He meets the criteria for this award in that: * he received good or excellent conduct and efficiency ratings during his periods of active service * he served honorably and without disciplinary action for 1 year, 9 months, and 11 days * there is no record of a court-martial in his service record 7. By regulation (AR 600-8-22): a. For award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat b. Award of the Bronze Star Medal requires a formal recommendations, approval through the chain of command, and announcement in orders. c. Award of the Air Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 8. Department of the Army General Order (DAGO) awarded the 3rd Battalion, 47th Infantry the following awards: * DAGO Number 36, dated 1970, Meritorious Unit Commendation from 1 January 1968 to 31 December 1968. * DAGO Number 31, dated 1969, two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from 1 December 1966 to 30 June 1968 and a second award for service from January 1969 to June 1969. * DAGO Number 59, dated 1969, Republic of Vietnam Civil Actions Honor Medal, First Class for service in Vietnam from 19 December 1966 to 28 June 1969 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The Board determined the Bronze Star Medal Certificate he provided is sufficient evidence to show he received the award, and agreed his DD Form 214 should be corrected to show the medal. The CIB is not a service award. The Board agreed he met elements of the criteria for award of the CIB; however, the element missing within his application is evidence of a specific qualifying incident on a specific date. Finally, the Board agreed there is insufficient evidence that shows he was awarded additional Air Medals. 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 for the period ending 18 September 1969 by adding the Bronze Star 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 awarding the Combat Infantryman Badge and two additional Air Medals. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 additional awards not annotated on his DD Form 214. As a result correct his DD Form 214 as follows: * Add Meritorious Unit Commendation * Add Republic of Vietnam Gallantry Cross Unit Citation with Palm (2nd Award) * Add Republic of Vietnam Civil Actions Honor Medal, First Class 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 (AR) 672-5-1 (Awards – Decorations, Awards, and Honors), in effect at the time, provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. 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. b. For award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat 3. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 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. 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. a. 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. b. 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. 5. Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) 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. Department of the Army General Order (DAGO) Number 36, dated 1970, awarded the 3d Battalion, 47th Infantry, the Meritorious Unit Commendations from 1 January 1968 to 31 December 1968. b. DAGO Number 31, dated 1969, awarded the 3d Battalion, 47th Infantry, the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from 1 December 1966 to 30 June 1968 and a second award for service from January 1969 to June 1969. c. DAGO Number 59, dated 1969, awarded the 3d Battalion, 47th Infantry, the Republic of Vietnam Civil Actions Honor Medal, First Class for service in Vietnam from 19 December 1966 to 28 June 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000757 4 1