ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 May 2020 DOCKET NUMBER: AR20190000805 APPLICANT REQUESTS: correction DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following: * Army Good Conduct Medal * bronze service stars to his previously-issued Vietnam Service Medal * Combat Medical Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * any other authorized awards and unit citations APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 5 November 2016 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's records contain sufficient evidence to support correction of his DD Form 214 to show award of three bronze service stars to his previously-issued Vietnam Service Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) without Board action. His DD Form 214 will be administratively corrected to show award the following: * three bronze stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 3. The Board will consider his request for the award of the Army Good Conduct Medal and the Combat Medical Badge. 4. The applicant states: a. He is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Good Conduct Medal per Executive Order 10444, dated 10 April 1953, the Medics Badge (Combat Medical Badge), and additional bronze service stars for his Vietnam Service Medal. b. He believes Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 327th Infantry Regiment was awarded unit citations for which he is entitled. 5. On 14 November 1968, the applicant enlisted in the Regular Army. 6. The applicant served in Vietnam during the period 2 May 1970 to 10 September 1970 and he participated in three campaigns. While in Vietnam, he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 327th Infantry Regiment. 7. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 9 (Qualification in Arms) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), b. item 22 (Military Occupational Specialties (MOSs)) – he was awarded primary MOS 91A10 (Medical Corpsman) on 29 November 1969 and on 11 August 1970, his primary MOS was changed to 91B20 (Medical Specialist), c. item 33 (Appointments and Reductions) – he was reduced in rank/grade from private first class/E-31 to private/E-2 on 28 October 1969, d. item 38 (Record of Assignments) – (1) he served as a Medic while assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 327th Infantry Regiment and (2) he received all "excellent" conduct and efficiency ratings. e. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Marksman Marksmanship Qualification Badge 8. His DA Form 2627-1 (Record of Non-judicial Punishment), under the provisions of Article 15, Uniform Code of Military Justice, dated 28 October 1969, shows he accepted non-judicial punishment for drunk and disorderly conduct and conduct unbecoming a member of the Armed Forces. His punishment consisted of a reduction in rank/grade from private first class/E-3 to private/E-2 and restriction to the Medical Company are for 14 consecutive days. 9. On 14 October 1970, he was honorably released from active duty. He completed 1 year, 11 months, and 1 day of total active service. His DD Form 214 shows in: a. item 23a (Specialty Number & Title) – Medical Specialist, 91B20; b. item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) – * National Defense Medal Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Army Commendation Medal 10. His records are void of orders awarding him the Combat Medical Badge or evidence he was personally present and under fire during ground combat. 11. His records are void of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) for the period 14 November 1968 to 14 October 1970. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Vietnam, his MOS and units of assignment (Ambl) and the reason for his separation. The Board found insufficient evidence and the applicant did not provide supporting documentation or statements to show that he was personally present and under fire during ground combat. The Board did find that his conduct and efficiency ratings support an award of the Army Good Conduct Medal. The Board concurred with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXXX :XX 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, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Awarding the applicant the Army Good Conduct Medal for the period of service from 14 November 1968 to 14 October 1970, and; - Amending his DD form 214 for the period of service ending 14 October 1970 to add in item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) – AGCM and those awards listed below. 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 award of the Combat Medical Badge. 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): The applicant was awarded or authorized the following awards not listed on his DD Form 214: * three bronze stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 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. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Originally established as the Medical Badge, the Combat Medical Badge was created by the War Department on 1 March 1945. It could be awarded to officers, warrant officers, and enlisted Soldier of the Army Medical Department assigned or attached to the medical detachment of infantry regiments, infantry battalions, and elements thereof designated as infantry in tables of organization or tables of equipment. Its evolution stemmed from a requirement to recognize medical aid-men who shared the same hazards and hardships of ground combat on a daily basis with the infantry Soldier. Though established almost a year and a half after the Combat Infantryman Badge, it could be awarded retroactive to 7 December 1941 to fully qualified personnel. a. The Combat Medical Badge was designed to provide recognition to the field medic who accompanies the infantryman into battle and shares experiences unique to the infantry in combat. There was never any intention to award the Combat Medical Badge to all medical personnel who serve in a combat zone or imminent danger area. b. As with the Combat Infantryman Badge, the Combat Medical Badge was intended to recognize medical personnel who were personally present and under fire while rendering medical care. So stringent was this requirement that during the Vietnam era, recommending officials were required to document the place (in six-digit coordinates), time, type, and intensity of fire to which the proposed recipient was exposed while rendering medical care. c. Special provisions for Vietnam Conflict were as follows: (1) Subsequent to 1 March 1961, a Soldier must have been assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size, including Special Forces detachments, serving with a Republic of Vietnam unit engaged in actual ground combat. The Republic of Vietnam unit must have been of regimental size or smaller and either an infantry, ranger, infantry-type unit of the civil guard, infantry-type unit of the self-defense corps, or of the irregular forces. The Soldier must have been personally present and under hostile fire while assigned as specified. (2) Subsequent to 24 May 1965, Soldiers serving in U.S. units must meet the requirements of the above paragraph. Soldiers who performed liaison duties with the Royal Thai Army or Army of the Republic of Korea combat units in Vietnam are eligible for award of the badge provided they meet all other requirements. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, listed the awards received by units serving in Vietnam. This pamphlet shows 2nd Battalion, 327th Infantry Regiment was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 in Department of the Army General Orders 48, dated 1971. 5. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000805 6 1