IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210015009 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge), for the period ending 27 November 1970, to show award of the: * Vietnam Service Medal with two bronze service stars * Combat Medical Badge * Any and all awards due to C Company, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division * Bronze Star Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 23 May 2021 * Driver License * DD Form 214, dated 27 November 1970 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show award of the following awards without Board action: * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 3. The applicant states due to his combat injuries in Vietnam, all of his decorations were not added to his DD Form 214. Due to his injuries, is his eligible for award of the Bronze Star Medal? 4. The applicant's service record shows: a. On 22 August 1969, the applicant was inducted into the Army of the United States. b. The applicant served in Vietnam during the period of 31 January 1970 to 7 April 1970 and he participated in two campaigns while assigned to Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division in military occupational specialty 91A (Medical Corpsman). On 7 April 1970, the applicant was assigned to Medical Holding Company, 249th General Hospital. c. DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 38 (Record of Assignments) he had all "excellent" conduct and efficiency ratings. (2) Item 41 (Awards and Decorations) – * National defense Service Medal * Vietnam Service Medal * Purple Heart * Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) d. Western Union Telegram, dated 4 April 1970, notified the applicant's parents that he was wounded in Vietnam on 2 April 1970 while on a combat operation. He sustained an open depressed skull fracture of the right frontal bone and a fracture of the right femur. The extent of brain damage was undetermined. He was placed on the Seriously Ill List and evacuated to the 249th General Hospital, Camp Drake, Japan. e. DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 14 September 1970, shows the applicant was found unfit based on disabilities resulting from injuries or disease received in the line of duty as a direct result of armed conflict. He was placed on the Temporary Disability Retirement List (TDRL) at 90 percent due to his disabilities. f. DA Form 1361 (Recommended Findings of PEB), dated 14 September 1970, shows the applicant was found physically unfit for military service and recommended for temporary retirement at 90 percent with a reexamination scheduled during September 1971. He concurred with the findings and waived a formal hearing. His disability: * Was incurred while entitled to receive basic pay * Was the proximate result of the performance of military service * Was not due to misconduct or willful neglect or incurred during a period of unauthorized absence * Was a direct result of armed conflict * Was caused by an instrumentality of war g. DD Form 214, ending on 27 November 1970, shows the applicant was honorably released from active duty and placed on the TDRL. (1) Item 22b (Total Active Service) – 1 year, 3 months, and 13 days. (2) 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) * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) h. NAVMED6100/1 (Medical Board Report Cover Sheet), dated 27 September 1971, showing the applicant was reevaluated for continuation on the TDRL. His primary diagnosis was: * Healed, subtrochanteric fracture, right femur with mild mal-union * Mild fibrous ankyloses, right hip, secondary to Diagnosis 1 * Scar, 2-inch laceration above right eyebrow, disfiguring * Skull, loss past of, 5 centimeters in diameter, both inner and outer tables without brain hernia * Brain disease due to trauma, manifested by the following residuals: * Atrophy and weakness of right hamstring and gastrocnemius muscles, with moderate weakness of hip rotators and iliopsoas muscles, moderate * Potential convulsive disorder requiring continuous medication * Weakness of adductor muscles, right mild * Hearing loss, traumatic, high frequency, sensorineural, bilateral i. DA Form 199, dated 1 February 1972, shows the applicant was removed from the TDRL and permanently retired at 70 percent disability. j. Letter Orders Number D 3-369 issued by The Adjutant General's Office, Separations and Retirement Affairs, dated 6 March 1972, shows the applicant was found permanently unfit for duty by reason of physical disability. He was removed from the TDRL effective 31 March 1972 and permanently retired at 70 percent. k. The applicant's available records are void of orders awarding him the Bronze Star Medal or Combat Medical Badge. Likewise, nothing is contained in his record that would preclude him from award of the Army Good Conduct Medal. 5. 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 Bronze Star Medal or Combat Medical Badge pertaining to the applicant. 6. The applicant provides a Wisconsin Driver License. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence to grant award of the Combat Medical Badge. The Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 22 August 1969 to 27 November 1970. However, the Board agreed there was insufficient evidence to support the applicant met the criteria for award of the Bronze Star. Based on this, the Board granted partial relief. 2. 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. 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 Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 22 August 1969 to 27 November 1970 and adding the medal to his DD Form 214 for the period ending 27 November 1970 and the combat medical badge. 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 Bronze Star. 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214, for the period ending 27 November 1970, by a. Deleting the Vietnam Service Medal and b. Adding the following awards: * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 20 * DD Form 214 * Department of the Army General Orders (DAGO) Number 51, dated 1971 * DAGO Number 5, dated 5 February 1973 * Army Regulation 600-8-22 REFERENCES: 1. Title 10, USC, 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 (AR) 600-8-22 (Military Awards) provides special provisions for award of the Combat Medical Badge during the Vietnam conflict. These provisions permitted award of the Combat Medical Badge to Soldiers 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 the Republic of Vietnam units engaged in actual ground combat. The special provisions required the Soldier to be personally present and under hostile fire while assigned as specified. 3. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). 4. AR 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for award: * Each 3 years 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 * For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015009 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1