ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 March 2020 DOCKET NUMBER: AR20190002135 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following: * Army Good Conduct Medal * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 22 November 2018 * Self-authored Statement, dated 22 December 2018 * DD Form 214 * 1st Aviation Brigade (Nguy-Hiem) Lineage and Honors * Extract, 164th Combat Aviation Group History * one photograph 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, in part: a. In May 1970, he returned to Headquarters, 164th Combat Aviation Group, at Can Tho, Vietnam. He was home after deploying to build and operate a fuel and arming point in support of an American offensive into Cambodia. b. On 16 May 1970, the Viet Cong launched an artillery attack on Can Tho, which wounded him and a number of personnel. He received treatment at the 3rd Surgical Hospital in Ben Thuy and he was later airlifted to Tachikawa Air Force Base in Japan. He received skin grafts and continued to be listed as wounded and missing in action. c. He was later airlifted to Fort Dix, NJ, where he received treatment at Walson Army Hospital. Eighteen months after being wounded, he was placed on the Army's medical retirement list and honorably discharged. d. The medical holding company at Fort Dix, NJ, was not an operational unit, and he never received the Army Good Conduct Medal, Presidential Unit Citation, Meritorious Unit Citation, or Republic of Vietnam Gallantry Cross with Palm Unit Citation that would have been awarded had he completed his tour of duty. e. He served on active duty with the 164th Combat Aviation Group, 1st Aviation Brigade, when the unit citations were awarded and eligibility for the Republic of Vietnam Gallantry Cross with Palm Unit Citation was established. He believes his accelerated promotion to specialist five and his service record are sufficient to establish his eligibility for award of the Army Good Conduct Medal. f. He earned the requested decorations but they were not awarded to him due to his medical evacuation. 3. His records contain sufficient evidence to administratively correct his records to show award of the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to his previously-issued Vietnam Service Medal without Board action. 4. The Board will consider his request for award of the following: * Army Good Conduct Medal * Presidential Unit Citation * Meritorious Unit Commendation 5. The applicant enlisted in the Regular Army on 5 August 1968. He served in Vietnam from 19 December 1969 to 7 March 1971 and he participated in three campaigns. 6. His DA Form 20 (Enlisted Qualification Record) is not available for review. 7. His records contain copies of: a. Headquarters, 3d Surgical Hospital, General Orders Number 92, dated 17 May 1970, which awarded him the Purple Heart for action on 16 May 1970 and show he was assigned to the 164th Aviation Group in Vietnam at that time. b. Headquarters, 1st Aviation Brigade, General Orders Number 4633, dated 3 June 1970, which awarded him the Army Commendation Medal while assigned to Headquarters and Headquarters Company, 164th Aviation Group (Combat), during the period 22 December 1969 to 16 May 1970. 8. On 3 November 1971, he was retired due to a permanent disability. His DD Form 214 shows he was awarded or authorized the: * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Purple Heart 9. His records are void of orders awarding him the Army Good Conduct Medal or any evidence of a commander's disqualification for award of the Army Good Conduct Medal for his period of service from 5 August 1968 to 3 November 1971. Additionally, his records are void of any disciplinary actions or lost time. 10. He provided copies of the following: a. Lineage and Honors Information for Headquarters, 1st Aviation Brigade (Nguy- Hiem) which shows the unit was awarded the following, in part: * Meritorious Unit Commendation for the periods 1969 to1970, 1970 to 1971, 1971 to 1972, and 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 1966 to1967, 1967 to 1968, 1969 to1970, and 1970 to 1972 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1971 to 1972 b. an extract of the History of the 164th Combat Aviation Group for the period 20 December 1967 to 13 March 1973. This document described the participation of the 164th Combat Aviation Group in combat operations in Cambodia and states, in part: "…For its outstanding efforts and accomplishments in support of "Campaign Rock Crusher" I and II, and "Cuu Long" I and II, the 164th Combat Aviation Group received the Presidential Unit Citation." 11. The U.S. Army Military History Center reports the Camp Rock Crusher campaign occurred during the period 1 May 1970 through 30 June 1970. 12. U.S. Navy historical records show the Cuu Long campaign was a combined operations with U. S. Army units assigned to the Delta Military Assistance Command which were engaged in helicopter support of a Vietnamese Army operation in Cambodia to clear the road from Phnom Penh to Kompong Som during the period 7 January 1971 to 25 January 1971. 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 service record and overseas service, his units of assignment and the periods assigned, the evidence of his wounding and evacuation, and the reason for his separation. The Board found no evidence of disqualifications that would preclude award of the Army Good Conduct Medal. The Board considered the unit awards shown Department of the Army Pamphlet 672-3 and found sufficient evidence to show the applicant was entitled to the Meritorious Unit Commendation, but insufficient evidence to show he was entitled to a Presidential Unit Citation. Based on a preponderance of evidence, the Board determined that correction of the applicant’s DD Form 214 was appropriate. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found the partial relief was warranted.? 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: - Awarding the applicant the Army Good Conduct Medal, and; - Amending the DD Form 214 for the period ending 3 November 1971 to show in item 24 (Decorations, Medals, Badges…) – “AGCM”, “MUC” and the awards stated in the Administrative Note(s) that follow. 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 adding a Presidential Unit Citation. 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: * Army Commendation Medal * three bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 600-8-22 (Military Awards) a. 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. b. 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. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. a. 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. b. 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. 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. a. This pamphlet shows Headquarters and Headquarters, 1st Aviation Brigade, was awarded the Meritorious Unit Commendation for the period 1 July 1969 to 31 March 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971, and for the period 1 May 1971 to 30 April 1972 by DAGO Number 32, dated 1973. Both DAGO Numbers 48 and Number 32 do not list the 1st Aviation Group as a subordinate unit to Headquarters and Headquarters, 1st Aviation Brigade. b. This pamphlet does not show Headquarters and Headquarters Company, 164th Aviation Group, was cited for award of the Presidential Unit Citation or Meritorious Unit Commendation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002135 5 1