IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220003469 APPLICANT REQUESTS: * To be awarded the Air Medal with V Device, the Air Medal with 1 silver and 3 bronze oak leaf clusters, and Combat Infantryman Badge * Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * Block 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) add: Presidential Unit Citation; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; one silver and one bronze service stars to his already-awarded Vietnam Service Medal; and Jump Master Parachute Badge * Block 25 (Education and Training Completed) add: Special Jump Master Parachute Course; Covey Riders Seminar at Combat Reconnaissance School, Vietnam; and Specialized Amphibious Reconnaissance Training APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Legal Brief * Department of the Army General Orders Number 25, Presidential Unit Citation * DA Form 66 (Officer Qualification Record) * DD Form 214 * General Orders Number 6, Bronze Star Medal with V Device * Multiple General Orders, Air Medal with V Device, to multiple other Soldiers * Foreign document identified as Special Forces Parachute Certificate * Certificate of Training, Covey Riders Seminar, Combat Reconnaissance School Vietnam * Book Cover and some pages, SOG: The Secret Wars of Americas Commandos in Vietnam, New York: Penguin Random House, 1997. * Memorandum, Lieutenant Colonel MDO (Retired), together with his DD Form 214, Retired Reserve Certificate, and the Bronze Star Medal with V Device * Proposed Citation for the Air Medal with V device * Photos, November 8, 2021 * PowerPoint Class, SOG Covey Rider given by Mr. MDO and Applicant * DA General Orders Number 48, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Special Forces Augmentation, Command and Control North * Extract of DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit * List of Vietnam campaigns * Certificate of Completion, U.S. Army Quartermaster School, Special Jumpmaster Course * Certificate of Completion, Landing Force Training Command, Atlantic , U.S. Atlantic Fleet, Specialized Amphibious Reconnaissance Training FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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. The applicant provides a legal brief in which he goes over the history of each medal and/or badge. He goes into details of many missions in Vietnam that he believes qualify him for the requested awards, specifically the Air Medal. He provides multiple General Orders awarding other Soldiers the Air Medal, some of which with V device. He then goes over each training completed and that he should receive a new DD Form 214. The entire brief is available for the Board’s review. 3. Regarding the Air Medal with V device and the Air Medal with 1 silver and 3 bronze oak leaf clusters, the applicant’s request is premature. Based upon the applicant’s application, the evidence of record, and accompanying supporting documents, and noting the absence of a Flight Record, it does not appear that the applicant was recommended for any awards of the Air Medal, for valor, achievement, or service. a. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with the exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. b. 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, you must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed. c. The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, your award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. d. 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, you must submit your request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. e. If the applicant chooses to pursue the requested by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by the United States Army Human Resources Command, he may reapply to the ABCMR. f. The Air Medal will not be discussed further in this Record of Proceedings. 4. The applicant's available service records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of the following: * silver service star to be affixed to his already-awarded Vietnam Service Medal (denoting his participation in 5 campaigns in Vietnam) * Presidential Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge 5. The Board will consider the so called “Jump Master Parachute Badge.” The Board will also consider adding to Block 25 (Education and Training Completed): * Special Jump Master Parachute Course, 27 June 1980 * Covey Riders Seminar Training at Combat Reconnaissance School, Vietnam * Specialized Amphibious Reconnaissance Training, 18 July 1980 6. Review of the applicant’s service records shows: a. He was appointed as a Reserve commissioned officer on 27 August 1967. He completed the Infantry Unit Commander Course on 24 August 1967, Parachutist Course on 28 September 1967, and Special Forces Officer Course on 29 March 1968. b. He served in Vietnam from 10 July 1968 to on or about 2 January 1970. He was assigned to * Special Operation Augmentation (SOA), Command and Control (C&C), 5th Special Forces Group, from 15 July 1968 to 25 April 1969 * Special Operation Augmentation, Command and Control North (CCN), 5th Special Forces Group, from 26 April 1969 to 1 January 1970 c. He was honorably released from active duty on 23 October 1970. He completed 3 years and 2 months of active service, of which 1 year, 6 months, and 12 days was foreign service. His DD Form 2143 shows in: * Block 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded/authorized: * Bronze Star Medal with V device and 2nd oak leaf cluster * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Meritorious Unit Commendation * Republic of Vietnam Cross of Gallantry with Palm Unit Citation * Vietnam Jump Wings * Infantryman Badge (does not specify if Expert or Combat) * Parachutist Badge * Block 25 (Education and Training Completed) add: * Special Forces Officer Training * Special Forces Officer’s Intelligence Training * Military Justice * CBR Training * Battle Indoctrination 7. Special Orders Number 31 issued by Headquarters, 5th Special Forces Group on 9 November 1968 awarded him the Combat Infantryman Badge 8. General Orders Number 1705, issued by Headquarters, 5th Special Forces Group on 21 October 1969, awarded him the Bronze Star Medal for service from 8 July 1968 to 7 July 1969. 9. General Orders Number 6, issued by Headquarters, 5th Special Forces Group on 5 January 1970, awarded him the Bronze Star Medal with V Device for heroism from 21 to 23 May 1969, while assigned to Special Operations Augmentation, 5th Special Forces Group in Vietnam. The citation reads: While serving as a reconnaissance team leader on an intelligence gathering mission deep within enemy controlled and held territory. On 22 May 1969, he used his air assets to destroy an estimated company sized base camp. He called the airstrikes in, although the target area was near their position. On the following day, while attempting to make a bomb damage assessment. His team made contact with four NVA and two were killed in the initial burst of fire. 10. General Orders Number 11, issued by Headquarters, 5th Special Forces Group on 5 January 1970, awarded him the Bronze Star Medal (2nd Oak Leaf Cluster) for service from 7 February 1969 to 8 February 1970. 11. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders (and few special orders) issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant. 12. The Awards and Decorations Branch at the U.S. Army Human Resources Command indicated their office has not received any requests for personal decorations from the applicant. 13. The applicant provides certificates showing completion of the Special Jump Master Course on 27 June 1980 and Specialized Amphibious Reconnaissance Training on 18 July 1980. Both courses were completed outside the period covered by the DD Form 214. The applicant also provides a certificate showing completion of the Covey Riders Seminar given at Combat Reconnaissance Scheel, Vietnam, on an unknown date. 14. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. Block 25, Military Education, enter service schools/major courses completed during period covered by the DD Form 214. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant was awarded the Combat Infantryman Badge, which is incorrectly shown as Infantryman Badge. He also qualified for additional unit awards based on his service in Vietnam, including bronze service stars for his campaign participation, the Presidential Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be corrected to show these awards. b. The Board noted the applicant completed several training courses including Special Jump Master Parachute Course, 27 June 1980; Covey Riders Seminar Training at Combat Reconnaissance School, Vietnam; and Specialized Amphibious Reconnaissance Training, 18 July 1980. Training is listed on the DD Form 214 if that training occurred during the period covered by the DD Form 214. Additionally, combat training is not listed on the DD Form 214. 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 amending his DD Form 214, 23 October 1970 by deleting the “Infantryman Badge” and adding: * silver service star to be affixed to his already-awarded Vietnam Service Medal * Presidential Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman 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 adding the training courses to his DD Form 214. 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. Title 10, U.S. 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for: a. Block 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), Enter from item 21, DA Form 66 (Officer Qualification Record), or section 9, DA Form 20 (Enlisted Qualification Record) all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. b. Block 25, Military Education, enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. This entry includes the highest civilian education level acquired during this period of military service, if appropriate. For officer personnel, enter other courses of study and education-level tests, if successfully completed, from information contained in item 16 or 33, DA Form 66. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register shows during his service in Vietnam with: a. Special Operations Augmentation, Command and Control North (26 April 1969 to 1 January 1970), this unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, from 30 April 1968 to 24 September 1970, by DA General Orders Number 48, dated 1971. b. Military Assistance Command Vietnam, Studies and Observation Group, and assigned units, including Special Operation Augmentation, Command and Control (C&C), 5th Special Forces Group (15 July 1968 to 25 April 1969) was awarded the Presidential Unit Citation from 24 January 1964 to 30 April 1972 by DA General Orders Number 25, dated June 2001. 4. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy and criteria concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices. It states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. During his service in Vietnam from 10 July 1968 to on or about 2 January 1970, campaign participation credit was awarded for the following campaigns: * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 * TET 69 Counteroffensive, 23 February 1969—8 June 1969 * Vietnam Summer-Fall 1969, 9 June 1969—31 October 1969 * Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970 5. Army Regulation 600-8-22 also provides for award of Parachute Badges. There is no such badge called “Jump Master Parachute Badge” in the governing regulation. The regulation provides for three degrees of Parachute Badges are authorized for award: (1) Parachutist Badge-Basic, (2) Senior Parachutist Badge, and (3) Master Parachutist Badge. To be eligible for the Master Parachutist Badge, an individual must have been rated excellent in character and efficiency and have met the following requirements: a. Participated in a minimum of 65 jumps to include— (1) Twenty-five jumps with combat equipment consisting of normal TOE (Table of Organization and Equipment) equipment, including individual weapon carried by the individual in combat, whether the jump was in actual or simulated combat. In cases of simulated combat the equipment will include water rations (actual or dummy), ammunition (actual or dummy), and other essential items necessary to sustain an individual in combat. (b) Four night jumps made during the hours of darkness (regardless of the time of day with respect to sunset), one of which will be as jumpmaster of a stick. (c) Five mass tactical jumps, which culminate in an airborne assault problem with a unit equivalent to a battalion size or larger; a separate company and/or battery; or an organic staff of regimental size or larger. The individual must fill a position commensurate with his or her rank or grade during the problem. (d) For award of the Master Parachutist Badge, the requirements in paragraphs 8–15m(1)(a) through 8–15m(c) must be obtained by static line parachuting. b. Either graduated from the Jumpmaster Course of the Airborne Department of the Infantry School or the Jumpmaster School of a separate airborne battalion or larger airborne unit, or infantry divisions and separate infantry brigades containing organic airborne elements, to include the U.S. Army Alaska Jumpmaster Course, or served as jumpmaster on one or more combat jumps or as jumpmaster on 33 noncombat jumps. c. Have served on jump status with an airborne unit or other organization authorized parachutists for a total of at least 36 months. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003469 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1