IN THE CASE OF: BOARD DATE: 21 July 2023 DOCKET NUMBER: AR20230000039 APPLICANT REQUESTS: award of the Bronze Star Medal with "V" Device and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Bronze Star Medal with 1OLC with "V" Device * Air Medal * Meritorious Unit Commendation * Army Good Conduct Medal * Vietnam Service Medal with applicable bronze service stars * Army Service Ribbon * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with (1960) Device * Expert Marksmanship Qualification with Rifle Badge (M-14) * Sharpshooter Marksmanship Qualification with Rifle Badge (M-16) * Marksman Marksmanship Qualification with Pistol Bar (.45 Cal) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 7 September 2022 * Self-authored Statement, 29 July 2022 * Headquarters (HQ), I Field Force Vietnam Artillery, General Orders Number 880, 29 August 1969 * BSM Citation * DA Form 66 (Officer Qualification Record) (3 pages) * DD Form 214, 7 April 1972 * DA Forms 256A (Honorable Discharge Certificates), 11 September 1967, 26 September 1977 * Extract from DA PAM 672-3 (Unit Citation and Campaign Participation Credit Register 29 January 1988) * Letters from JEB, 29 July 2022; JS___, 29 July 2022; a second personal statement, 29 July 2022; JWB___, 18 August 2022; and Retired CPT HRP___, 22 August 2022. 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, in effect: a. He was assigned to C Battery, 5th Battalion, 22nd Artillery, Vietnam from September 1968 to August 1969. b. He was a forward observer and took place in 15 to 18 combat assaults with 44th Army of the Republic of Vietnam (ARVN), various infantry company units and D Company, 3rd Battalion, 506th Task Force, 101st Airborne. c. On 12 October 1968 he worked with the Special Forces of 4th Battalion, 23rd Army of the Republic of Vietnam and was assigned as a forward observer to direct fire to help take the top of Mountain "Volcano." He detailed his part in the combat operations on that day. d. On 8 July 1969, he was the Fire Direction Officer of C Battery, 5th Battalion, 22nd Artillery and his unit was hit by an enemy unit attempting to overrun landing zone Sandy and inside the wire. He instructed Soldiers to fire a 175 mm Howitzer with powder charges directly at the berm and stopped the attack. He detailed his role in combat actions that day. e. On 1 August 1969, he was the Executive Officer of C Battery and within a month of returning home. While at Song Mao for fire support for D Company, his unit was hit by enemy fire on two sides of the perimeter. His actions taken during this enemy encounter secured the main gate. He outlined his actions in a detailed narrative. f. He believes these three events warrant at least a Bronze Star Medal with "V" Device. 3. The applicant provided copies of: a. His application and self-authored statement outlined above. b. Three pages from his DA Form 66, showing his service during four campaigns in Vietnam. c. His DD Form 214, 7 April 1972. d. Two DD Forms 256A, showing Honorable Discharges on 11 September 1967 and 26 September 1977. e. An extract from DA PAM 672-3. f. Written witness statements from JEB, 29 July 2022; JS___, 29 July 2022; a second personal statement, 29 July 2022; JWB___, 18 August 2022; and Retired CPT HRP___, 22 August 2022. (1) A written statement from JEB, 29 July 2022, confirmed the applicant was attached to C Battery, 5th Battalion, 22nd Artillery at Landing Zone Sandy for support of the TF 3-506. (2) A written statement from JS, 29 July 2022, noted that he was assigned to duty in South Vietnam as an artillery crewman from April 1969 to June 1970 and his duty overlapped with the applicant's duty. In May 1969, enemy forces attempted to penetrate their fire base when the applicant instructed him to load the 175 mm cannons with powder only and to fire directly at the enemy attempting to penetrate the wire. The close firing stopped the enemy advance. (3) A letter from JWB, 18 August 2022, providing eyewitness account of the applicant's service as a forward observer assigned to 23rd ARVN from 17 to 19 September 1968. The applicant would often drop into company size ARVN units for 5 to 10 day periods and engage with enemy forces for extended fire fights. In November 1968 the applicant was reassigned to Task Force 3-506th as a forward observer. He was later assigned to 44th ARVN and participated in a series of five operations. (4) A letter from Ret CPT JWB___, 22 August 2022, in which he described the applicant's duties as a skilled map reader who took actions to save an entire company. The took part in many actions including Chinook insertions and extractions. The applicant wrote a book describing his combat in Vietnam. He would certainly qualify for the Air Medal, Bronze Star Medal for Valor, and Vietnam Service Medal. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending on 7 April 1972 and will be listed in administrative notes. 5. The Board will consider the applicant's requests for the BSM with "V" Device, Air Medal, AGCM, and ASR. 6. A review of the applicant's available service records shows: a. On 7 October 1966, he was inducted into the Army of the United States. b. Special Orders Number 152, issued by HQ, 4th Battalion (175 mm) 28th Artillery, Fort Sill, 16 November 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Cal). c. Special Orders Number 166, issued by HQ, 2d BCT Brigade, Fort Dix, 30 October 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). d. On an unspecified date, the Company Commander, Company D, 5th Battalion, 1st Training Brigade, recommended approval of his application for Officer Candidate School (OCS) an infantry officer with excellent character and adequate military leadership to potentially qualify as an Army officer. e. On 11 September 1967, he was honorably discharged in order to accept a commission as an officer in the Army. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period of his enlisted service shows he completed 11 months and 5 days of net active service this period. It further shows he completed OCS from April 1967 to September 1967. He was awarded or authorized: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 mm) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal) f. On 12 September 1967, he was appointed a Reserve Commissioned Officer in the Field Artillery Corps. g. He served in Vietnam from 9 September 1968 to 28 August 1969, he was assigned to C Battery, 5th Battalion, 22nd Artillery, and he participated in four campaigns. h. General Orders Number 880, issued by HQ, I Field Force Vietnam Artillery, Vietnam, awarded him the BSM for meritorious service in connection with military operations against an armed hostile force for the period September 1968 to August 1969. i. On 7 April 1972, he was released from active duty and transferred to control of the U.S. Army Reserve. His DD Form 214 for the period ending 7 April 1972, shows he completed 11 years, 6 months, and 26 days of net service this period and 11 months and 5 days of prior active service. It further shows he was awarded the National Defense Service Medal. j. His available records are void of orders awarding him the Bronze Star Medal with "V" Device, the Air Medal, and the Army Good Conduct Medal for his period of enlisted service (7 October 1966 to 11 September 1967). k. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal with "V" Device or the Air Medal pertaining to the applicant. l. The ASR was established by the Secretary of the Army on 10 April 1981. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. Based on the documentation available for review, the Board agreed that the applicant did not meet applicable regulatory guidance for the requested awards and denied 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 : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 records show he was awarded or authorized the following awards not listed on his DD Form 214: * Bronze Star Medal * Meritorious Unit Commendation * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with (1960) Device * Expert Marksmanship Qualification with Rifle Badge (M-14) * Sharpshooter Marksmanship Qualification with Rifle Badge (M-16) and Mortar Bar (81 mm) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal) ? 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Instructions state: 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. When the Bronze Star Medal is awarded for heroism, a bronze "V" device (for valor) is worn on the suspension and service ribbon of that medal. c. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly, for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. One silver service star is used to denote service during five campaigns. e. The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the government of the Republic of Vietnam to service members of the U.S. Armed Forces and authorized by Department of Defense Manual 1348.33, Volume 3. To qualify for award personnel must meet one of the following requirements: (1) Have served in the Republic of Vietnam for 6 months. (2) Have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. Individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal. f. The Army Good Conduct Medal is awarded to on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. Personnel eligible for the Army Good Conduct Medal are Regular Component enlisted Soldiers. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the 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; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the Army Good Conduct Medal as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. d. The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the government of the Republic of Vietnam to service members of the U.S. Armed Forces and authorized by Department of Defense Manual 1348.33, Volume 3. To qualify for award personnel must meet one of the following requirements: (1) Have served in the Republic of Vietnam for 6 months. (2) Have served outside the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. Individuals must meet the criteria established for the Armed Forces Expeditionary Medal (Vietnam) or the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal. e. The ASR was established by the Secretary of the Army on 10 April 1981 as announced in AGO 1990–15. It is awarded to Soldiers of the U.S. Army for successful completion of initial entry training. (1) Effective 1 August 1981, all members of the Regular Army, ARNG, and USAR in an active Reserve status are eligible for this award. The ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981, provided they had a Regular Army status as defined above on or after 1 August 1981. (2) The ASR is authorized for wear upon completion of initial military training. This includes advanced individual training for enlisted Soldiers and branch-specific basic officer leadership course for commissioned officers. For personnel assigned a MOS or AOC based on civilian or other service acquired skills, this ribbon will be authorized upon honorable completion of 4 months active service. f. Section 1130 of the United States Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, a completed DA Form 638 (Recommendation for Award), is required. The DA Form 638 should clearly identify the unit, the period of assignment, and the recommended award. A narrative of the actions or period of the award recognition requested must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events related to the request are the best persons to provide corroborating evidence. 4. U.S. Army Vietnam Regulation 672-5-1 (Decorations and Awards) provided guidelines for award of the Air Medal and defined terms and provided guidelines for the award based upon the number and types of missions or hours. a. Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Combat missions were divided into three categories. (1) A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area. (2) A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. (3) A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 hours category I missions, 50 hours category II missions, or 100 hours category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. c. Numerals, starting with 2, will be used to denote second and subsequent awards of the AM. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows C Battery, 5th Battalion, 22nd Artillery, was awarded the: a. Meritorious Unit Commendation by DAGO Number 39, 1970, for the period 24 December 1967 to 30 April 1969. b. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 54, 1971, for the period 1 August 1965 to 16 April 1971. c. Instructions stated that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation (or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation) will be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. d. The applicant completed service in Vietnam during 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 I 1969, 9 June 1969 – 31 October 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000039 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1