BOARD DATE: 28 February 2020 DOCKET NUMBER: AR20190008159 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show award of the: * Bronze Star Medal (First Oak Leaf Cluster) * Purple Heart * Air Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 20 April 2019 * DD Form 1380 (Field Medical Card), dated 29 November 1969 * Headquarters, 1st Infantry Division, General Orders 2333, dated 16 February 1970 * Headquarters, 1st Infantry Division, General Orders 3300, dated 3 March 1970 * Headquarters, 1st Infantry Division, Acting Assistant Adjutant General letter, dated 3 November 1970 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, 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. Sufficient evidence is contained in his records for administrative correction of his DD Form 214 without Board action to show award of the Air Medal, three bronze service stars to his previously-issued Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 3. The Board will consider his request for award of the Bronze Star Medal, Purple Heart, and Combat Infantryman Badge. 4. The applicant states: a. He was awarded the Purple Heart, Air Medal, and Bronze Star Medal (First Oak Leaf Cluster) for service in Vietnam. The awards are noted in his record, but not included on his DD Form 214. b. He was awarded the Combat Infantryman Badge, but he cannot locate the orders. c. He never looked at his DD Form 214 until he filed for Department of Veterans Affairs benefits. d. While serving in Vietnam, he served as Radio Teletype Operator for the Commander of Company B, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division. He was told orders were published for him to wear the Combat Infantryman Badge. 5. The applicant enlisted in the Regular Army on 26 June 1968. 6. He served in Vietnam during the period of 11 April 1969 to 10 April 1970 and he participated in three campaigns while assigned to 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division. 7. His DD Form 1380, dated 29 November 1969, shows: a. He was wounded in action and he received treatment for fragment wounds to the left ankle and right forearm while assigned to the 2nd Battalion, 18th Infantry Division on the same date. His injury occurred, "on ambush – position." b. His injury was in the line of duty. c. The reverse of the form contains the entry, "Purple Heart not awarded at this station." 8. Headquarters, 1st Infantry Division, General Orders 2333, dated 16 February 1970, awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service for the period April 1969 to January 1970. 9. Headquarters, 1st Infantry Division, General Orders 3300, dated 3 March 1970, awarded him the Air Medal. 10. The applicant provided a letter from the Acting Assistant Adjutant General, Headquarters, 1st Infantry Division, Fort Riley, KS, dated 3 November 1970, which shows: a. He was wounded in action on 29 November 1969 while serving with the 2d Battalion, 18th Infantry Division, in Vietnam. b. Rosters maintained by the unit showed he was never awarded of the Purple Heart. Substantiating document, "DD Form 1380" was included at the time. c. It was requested that the Purple Heart and award elements be sent to his current assignment at Fort Riley, KS. 11. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (Military Occupational Specialties (MOS)) – his Secondary MOS was 05C40 (Radio Teletype Operator) on 24 January 1969 and his Primary MOS was 31G40 (Tactical Communications Chief) on 9 June 1970. b. item 29 (Qualification in Arms) – he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 5 August 1968 and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 27 January 1971. c. item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings and his duty positions while in Vietnam were listed as follows: * 20 April 1969 to 29 April 1969 – MOS 36K20, Field Switchboard Operator, Company B, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division * 30 April 1969 to 30 October 1969 – MOS 05C20, Radio Teletype Operator, Company B, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division * 31 October 1969 to 10 April 1970 – MOS 31G40, Communications Chief, Company B, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division d. item 40 (Wound) – blank; no entry. e. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal * two overseas bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 12. Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Special Orders Number 39, dated 8 February 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 13. On 25 June 1971, he was honorably released from active duty. His DD Form 214 shows in: a. item 23 (Specialty Number & Title) – 31G40, Tactical Communications Chief b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * two overseas bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal 14. His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 26 June 1968 through 25 June 1971. 15. A review of the Awards and Decorations Computers-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resource Command, failed to reveal orders for award of the Purple Heart pertaining to the applicant. 16. His records are void of orders awarding him the basic award of the Bronze Star Medal or orders awarding him the Combat Infantryman Badge. ? 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 record of assignments, evidence of his wounding and the entries on his DD Form 214. The Board considered the orders for BSM (1OLC) and the Air Medal. The Board found that the applicant did not hold an infantry MOS and was not eligible for a CIB in accordance with published policy. The Board found no disqualifying evidence that would preclude award of the Army Good Conduct Medal. Based on a preponderance of evidence, the Board determined that corrections to the applicant’s records were appropriate. 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 : 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, 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 Purple Heart for wounds received in Vietnam on 29 November 1969; - Awarding the Bronze Star Medal (2d Award) - Awarding the Army Good Conduct Medal; - Amending the DD Form 214 for the period of service ending 25 June 1971 by adding to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the awards listed in the Administrative Note(s) and “PH”, “BSM (1OLC)” and “AGCM.” 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 CIB. 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): He was awarded or authorized the following awards not listed on his DD Form 214: * Air Medal * three bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Title 10, United States Code, 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 ABCMR to excuse an applicant's failure to timely file within the 3 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or 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. b. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War. a. Appendix V stated the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). A Soldier must meet the following three requirements for award of the Combat Infantryman Badge: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. b. Appendix 3 to Annex A stated Radio/Telephone Operators, although in the performance of their duties they could accompany infantry or infantry-type units on operations, were not eligible for award of the Combat Infantryman Badge (if primary duty is not that of accompanying infantry or infantry-type units on tactical operations). However, Radio/Telephone Operators (if primary duty was to accompany infantry or infantry-type units on tactical operations) were qualified for award of the Combat Infantryman Badge. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, shows 2d Battalion, 18th Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal for the period 12 July 1965 through 7 April 1970 by Department of the Army General Orders Number 53, dated 22 October 1970. 5. Department of the Army General Orders Number 8, dated 1974, announced 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. 6. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190008159 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1