IN THE CASE OF: BOARD DATE: 14 February 2023 DOCKET NUMBER: AR20220007096 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following: * Army Good Conduct Medal (1st Award) * Four bronze service stars to the Vietnam Service Medal * Republic of Vietnam Gallantry, with Palm Unit Citation * Republic of Vietnam Civil Actions Medal, First Class Unit Citation, with Oak Leaf Device * Combat Infantryman Badge * Meritorious Unit Citation APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter addressed to the Board * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DA Form 20 (Enlisted Qualification Record) * Purple Heart certificate and orders * Action Report * Two (2) certificates * Letter Orders Number 09-1251565 * Thumb drive 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 states, via letter addressed to the Board: a. He was drafted into the service on 17 October 1967, and completed his service commitment on 16 October 1969. He served as an infantry soldier in the Republic of Vietnam with Charlie Company, 2nd Battalion, 12th Infantry Regiment, 25th Division from 8 April 1968, as a rifleman attached to a machine gun crew, to 3 January 1969. Due to combat wounds sustain on 21 October 1968 and a long recovery period, he was transferred to the 18th Military Police Brigade in Saigon and attached to 716th Military Police Battalion, Company C, 52nd Infantry and served as a Security Guard, where he completed his tour on 2 April 1969. b. He reported to Fort Ord, CA where he was assigned to AIT Committee Group as an instructor teaching Offensive Tactics and made E-5. Upon completion of his service obligation, he returned to civilian life and for decades did not look at his military records. He never spoke of or discussed his war record or experiences and suppressed sharing my memories with his family. No one really knew what he had experienced. The general population was very hostile to Vietnam Veterans and that continued all the way into the 1990s, before this country began to realize how they had mistreated the Vietnam Veteran. Lately, that all changed and in the process of filing with the Veterans Affairs for medical compensation and reviewing his service record, he discovered many errors on his DD Form 214. 3. The applicant provides: a. Purple Heart Certificate and General Orders Number 1961, dated 21 February 1969, reflect he was awarded the Purple Heart for wounds received in action on 21 October 1968 in the Republic of Vietnam. b. Action Report as reported in 212warriors.com. c. Certificate of Achievement awarded in recognition of meritorious performance of duty during the period 9 January 1969 to 31 March 1969 d. Certificate of Achievement, 18th Military Police Brigade Vietnam Combat Certificate having faithfully served his country with the 716th Military Police Battalion of the 18th Military Police Brigade in the Republic of Vietnam for the period 9 January 1969 to 31 March 1969. e. Letter Orders Number 09-1251565, dated 24 October 1973, reflects he was honorably discharged from the USAR Control Group, with an effective date of 1 October 1973. f. Thumb drive, which contains copies of General Orders that he refers to in his letter addressed to the Board. It also contains 15 random photographs taken while serving in Vietnam, as well as the two certificates previously listed as supporting documents. 4. The applicant's 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: * four bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Medal, First Class Unit Citation * Meritorious Unit Citation 5. The Board will consider the Army Good Conduct Medal (1st Award) and Combat Infantryman Badge. 6. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 17 October 1967 and held military occupational specialty 11B (Light Weapons Infantryman). b. He served in Vietnam from 3 April 1968 to 2 April 1969. While in Vietnam, he served as follows: * From 15 April 1968 to 3 January, ammunition bearer with C Company, 2nd Battalion, 12th Infantry, 25th Infantry Division * From 4 January 1969 to 16 February 1969, security guard with C Company, 52d Infantry, 716th Military Police Battalion * From 17 February 1969 to 30 March 1969, senior security guard with C Company, 52d Infantry, 716th Military Police Battalion c. His DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings throughout his military service. Additionally, it shows in Item 41 (Awards and Decorations): National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 60 device, 2 Overseas Bars d. His name is listed on the Vietnam Casualty Roster (Code 24, hostile, wounded in action, not serious, not hospitalized), on 21 October 1968. e. General Orders Number 1961, issued by Headquarters, 25th Infantry Division on 21 February 1969, awarded him the Purple Heart for wounds receievd in action on 21 October 1968. f. He was honorably released from active duty on 16 October 1969, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), separation program number (SPN) 201, expiration of term of service. He served 2 years net service this period. Item 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show the following: * National Defense Service medal * Vietnam Service Medal * Vietnam Campaign Medal * Purple Heart * Sharpshooter (Rifle) g. On 1 October 1973, he was honorably discharged from the USAR Control Group. 5. There are no general orders on file, and he provides none showing he was awarded the Army Good Conduct Medal. Likewise, there are no special orders on file and he provides none to show he was awarded the Combat Infantryman Badge. 6. Army Regulation (AR) 672-5-1 (Decorations and Awards), in effect at the time, prescribes Army policy, criteria, and administrative instructions concerning individual military awards. It also provides: a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. b. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant served honorably for 2 years from 16 October 1967 to 16 October 1969. He received excellent conduct and efficiency ratings and he has no derogatory information on file to disqualify him from being awarded the first award of the Army Good Conduct Medal. b. The applicant held an infantry MOS and was assigned to an infantry unit in Vietnam. He was wounded in action on 21 October 1968 while serving with C Company, 2nd Battalion, 12th Infantry. Although the circumstances of his injury are not available, the Board found it reasonable to believe that he was personally present and actively engaged with the enemy when he was wounded, and thus meets the criteria for award of the Combat Infantryman Badge. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Combat Infantryman Badge on 21 October 1968 in Vietnam * awarding him the Army Good Conduct Medal (1st Award) for service during the period 16 October 1967 through 16 October 1969. * adding award of the Combat Infantryman Badge and Army Good Conduct Medal (1st Award) 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s record shows his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), should be amended as follows: * four bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Medal, First Class Unit Citation * Meritorious Unit Citation 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. It also provides: a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. During the Vietnam era, an enlisted Soldier must have excellent conduct and efficiency ratings and must not have been convicted by a court-martial. b. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. c. Paragraph 6-8h states, the Vietnam Service Medal is awarded for combat service in Vietnam, one bronze service star for each campaign. Approved campaigns (during the applicant’s service in Vietnam from 3 April 1968 to 2 April 1969) for Vietnam include * Vietnam Counteroffensive, Phase IV. 2 April 1968-30 June 1968 * 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 June1969 3. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows during his service in Vietnam: a. From 15 April 1968 to 3 January 1969, C Company, 2nd Battalion, 12th Infantry, this unit was awarded: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 August 1967 to 31 August 1968 by DA General Orders Number 47, dated 1971, and from 1 September 1968 to 30 September 1970, by DA General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, from 1 August 1967 to 21 January 1970 by DA General Orders Number 51, dated 1971 b. From 4 January 1969 to 30 March 1969, with C Company, 716th Military Police Battalion * Meritorious Unit Commendation, 1 November 1968 to 31 October 1969, by DA General Orders Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal, First Class, 29 September 1966 to 28 March 1973, by DA General Orders Number 6, dated 1973 c. In those instances, where a single unit received duplicate Vietnamese unit awards during the same period only one will be recorded in official military personnel and historical records. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007096 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1