ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2020 DOCKET NUMBER: AR20190005929 APPLICANT REQUESTS: reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to: a. show award of Purple Heart and Army Commendation Medal and b. as new issues, correction of his DD Form 214 to show award of the: * Bronze Star Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 2 March 2019 * Self-authored letter, undated * DD Form 214 * Purple Heart Certificate, dated 27 March 1971 * Army Commendation Medal Certificate, dated 25 June 1971, with Citation * Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), General Orders Number 1055, dated 19 June 1971 * National Personnel Records Center (NPRC) letter, dated 30 January 2019 * Letter of Support, dated 25 February 2019, with attachments * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20180016978, dated 11 March 2019, page 3 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20180016978 on 11 March 2019. 2. The applicant provided new evidence that warrants consideration by the Board at this time. 3. The applicant states: a. His DD Form 214 is not complete because it does not indicate he received the Bronze Star Medal, Purple Heart, Army Commendation Medal, or Combat Infantryman Badge. b. He has provided supporting evidence to support his request that his DD Form 214 should be updated. c. He previously sent his request to NPRC and they responded. However, he called this agency and advised their findings were not complete. A representative from NPRC told him that any changes and/or additional information would have to come from the Army Review Boards Agency and to complete a DD Form 149. 4. The applicant's request for correction of his DD Form 214 to show award of the Purple Heart and Army Commendation Medal has been addressed by the Board in ABCMR Docket Number AR20180016798 on 11 March 2019 and his DD Form 214 has been corrected to show these awards. 5. The Board will consider his request for correction of his DD Form 214 to show award of the Bronze Star Medal and Combat Infantryman Badge. 6. The applicant was appointed as a Reserve commissioned officer on 24 May 1969 and he was ordered to active duty on 3 September 1969. 7. His DA Form 66 (Officer Qualification Record) shows in: a. item 17 (Foreign Service) – he served in Vietnam from 21 October 1970 to 17 June 1971, b. item 18 (Record of Assignments) – he served in duty military occupational specialty (MOS) 1204 as: (1) a Liaison Officer from 7 November to 30 November 1970 while assigned to Headquarters Troop, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division and (2) Platoon Leader from 1 December 1970 to 31 March 1971 while assigned to Troop A, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division c. item 21 (Awards and Decorations) - no entries for award of the Bronze Star Medal or the Combat Infantryman Badge. 8. Item 18 of his DA Form 66 also shows his duty status on 1 April 1971 as "patient" and assigned to the U.S. Naval Hospital, Guam. 9. On 21 March 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 for this period does not show award of the Bronze Star Medal or the Combat Infantryman Badge. 10. He provided a letter of support from Major (Retired) L____, a former member of his unit, dated 25 February 2019, in which he stated the applicant was his platoon leader at the time. He further stated: a. The applicant was wounded and evacuated during operation around Khe Sahn in support of Lam Son 719 in March 1971. The squadron stood down in November 1971, turning in all equipment and returning to the U.S. b. During out-processing, all members of the 2d Platoon received orders awarding them the Combat Infantryman Badge. He provided a copy of his DD Form 214 showing his award of the Combat Infantryman Badge. c. The applicant, like all other members of the 2d Platoon earned the Combat Infantryman Badge and he would have received the award had he not been medically evacuated due to his wounds. 11. On 11 March 2019 and in ABCMR Docket Number AR20180016978, the ABCMR granted his request for award of the Purple Heart and Army Commendation Medal. 12. On 3 June 2019, he was issued a DD Form 215 (Correction to DD Form 214) to show his award of the: * Purple Heart * Army Commendation Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 13. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders for the award of Bronze Star Medal pertaining to the applicant. 14. His records are void of recommendations or orders for award of the Bronze Star Medal or the Combat Infantryman Badge. ? BOARD DISCUSSION: After review of the application and supporting documents, the Board determined there is sufficient evidence to grant partial relief. The applicant’s contentions, his military record, his service in Vietnam, his specialty and units of assignment, his wounding and medical evacuation and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. Based on a preponderance of evidence, the Board determined that the evidence presented is sufficient for award of the Combat Infantryman Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XXX :XXX 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 21 March 1972 by awarding him the Combat Infantryman Badge. 2. The Board further determined that 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 Bronze Star Medal. 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. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 Combat Infantryman Badge is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces MOS. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria for awards. a. Appendix 1 provided criteria for award of the Bronze Star Medal and stated – may awarded for heroism, meritorious achievement or service. Regulations place two restrictions upon its award. First, the act or service must have involved participation in aerial flight. Second, the act must have been performed in connection with military operations against an armed enemy (includes combat, support, and supply operations). The heroism required is of a lesser degree than that required for the Silver Star. Similarly, the required degree of achievement or service is less than that required for the Legion of Merit. b. Appendix V provided criteria for award of the Combat Infantryman Badge and stated, in part – Officers, basic branch other than infantry, who have been detailed infantry under provisions of Army Regulation 614-10 (Assignments, Details, and Transfers), are considered infantry officers for the purpose of determining eligibility for award of the Combat Infantryman Badge. Paragraph 3b of this Appendix listed Battalion Liaison Officer as being considered an infantry position for which the Combat Infantryman Badge was normally authorized. c. Recommendations for award of the Combat Infantryman Badge were to be submitted to Headquarters, U.S. Army Vietnam, by the unit senior advisor using a DA Form 2496 (Disposition Form) through command channels. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, provides that once a DD Form 214 has been issued, do not reissue except for the following reasons: a. when directed by proper appellate authority, Executive Order, or by the Secretary of the Army; b. when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; and c. when two DD Forms 215 have been issued and an additional correction is required. Do not issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, issue a statement of service or transcript of military record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005929 5 1