IN THE CASE OF: BOARD DATE: 13 September 2023 DOCKET NUMBER: AR20230002057 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Bronze Star Medal (BSM) * Army Good Conduct Medal (AGCM) * Combat Infantryman Badge (CIB) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 22 November 2022 * Self-authored Statement, 17 November 2022 * Self-authored Statement, January 2023 * DA Form 67-6 (Officer Evaluation Report), 26 June 1970 * U.S. Military Assistance Command, Vietnam (MACV) General Orders (GO) Number 3761, 13 July 1970 * DD Form 214, 5 November 1970 * email, 11 January 2023 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. His DD Form 214 has no mention of the BSM or the CIB although he was awarded these medals. He has orders for the BSM but not the CIB. He received the CIB in Vietnam. He has orders showing he was awarded the AGCM. b. He participated in the attack on Dien Khanh in which 14 enemy were killed. This does not include operations in Cam Lam and Ninh Phong Provinces. c. His Officer Efficiency Report shows numerous combat situations in which he took part more than supporting his contention that he should be awarded it. He wanted to emphasize that it was not 'stolen valor'. 3. The applicant provided copies of: a. His DD Form 149 with separate self-authored statements, 17 November 2022 and 11 January 2023. b. His OER for the period ending 26 June 1970, reading, in part "He has participated in numerous combat operations and demonstrated calm efficiency under fire when coordinating air and artillery support and advising his counterpart in tactics," and "He is a proven combat leader who has participated in numerous combat operations while living at a Regional Force Company outpost." c. General Orders Number 3761, issued by HQ, USMACV, 13 July 1970, awarding him the BSM. d. His DD Form 214, 5 November 1970. e. An email to his Congressional Military/Veterans Liaison, 11 January 2023. 4. A review of the applicant’s service record confirms awards were omitted from his DD Form 214. The awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider his request for the Combat Infantryman Badge. 5. A review of the applicant's service records shows: a. On 25 August 1967, he enlisted in the Delayed Entry Program, U.S. Army Reserve for 6 years. On 12 January 1968, he was released from the DEP, USAR in order to enlist in the Regular Army. He completed Basic Combat Training at U.S. Army Receiving Station, Fort Jackson, and he completed Advanced Individual Training at Fort Dix. b. Special Orders Number 47, issued by HQ, 1st Training Brigade, Fort Jackson, 5 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. Special Orders Number 87, issued by HQ, 1st Advanced Individual Training Brigade, Fort Dix, 11 April 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). d. On 27 May 1968, he was promoted to Specialist 5/E-5 and assigned to HQ, The Student Brigade, USAIS, Fort Benning. e. Special Orders Number 22, issued by HQ, The Candidate Brigade, USAIS, Fort Benning, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). f. General Orders Number 44, issued by HQ, The Candidate Brigade, USAIS, Fort Benning, 14 October 1968, awarded him the Army Good Conduct Medal for the period 12 January 1968 to 5 November 1968. g. On 5 November 1968, he was discharged in order to accept a Reserve commission. His DD Form 214 shows he was awarded the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). h. On 6 November 1968, he was appointed a Reserve Commissioned Officer in the Infantry Corps, and he was awarded military occupational specialty 1542 (Infantry Unit Commander). i. Special Orders Number 155, issued by HQ, U.S. Army Infantry Center, Fort Benning, 4 June 1969, awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar. j. He served in Vietnam from 1 August 1969 to 27 July 1970, he was assigned to U.S. Military Assistance Command, Vietnam (MACV), and he participated in four campaigns. k. His DA Form 67-8, 26 June 1970, for the period 18 December 1969 to 21 June 1970, shows his duty MOS as G1542, and reads, in part, "[Applicant] frequently employed his team in a living environment with the Vietnamese units he advised. Consequently, by sharing the inherent dangers that such an environment entails, he was able to attain a rapport with his counterparts that significantly enhanced his teams mission. He ahs participated in numerous combat operations and demonstrated calm efficiency under fire when coordinating air and artillery support and advising his counterpart in tactics." l. General Orders Number 3728, issued by USMACV, 10 July 1970 awarded him the BSM for meritorious service in connection with military operations against a hostile force for the period August 1969 to July 1970. m. General Orders Number 3761, issued by USMACV, 13 July 1970 awarded him the BSM for meritorious service in connection with military operations against a hostile force for the period August 1969 to July 1970. These orders are effectively a duplicate for the same award issued by the same command in General Orders Number 3728, issued 3 days before. n. General Orders Number 4227, issued by USMACV, 10 August 1970, revoked General Orders Number 3728, issued on 13 July 1970. o. His DA Form 66 (Officer Qualification Records) shows: (1) he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) (2) While he was in Vietnam, he was attached to MACV and assigned MOS G2520 with duties he performed Assistant Advisor, MAT II CTZ (CI) (Mobile Advisory Team) (Corps Tactical Zone) (Combat Intelligence). His assignments in Vietnam included: * Temporary duty, student, 0006, 11 August 1969 to 21 August 1969 * Assistant Advisor, MAT II CTZ, G2520, 22 August 1969 10 17 December 1969 * Senior Advisor, MAT II CTZ (CI), G2520, 18 December 1969 to 21 June 1970 * Senior Advisor, MAT II CTZ (CI), G2520, 22 June 1970 to 26 June 1970 p. On 5 November 1970, he was honorably released from active duty. His DD Form 214 for this period shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) q. His records are void of orders and a commander’s recommendation for award of the CIB. 6. On 28 June 2022, the Chief, Army Human Resources Command, Awards and Decorations Branch, responded to his Senator's inquiry on his behalf for the award of the BSM and CIB. The memorandum reads, in part: a. We are unable to completely facilitate your request at this time. Based upon review of the documentation provided and the historical resources available to this office, we have verified Mr. Wolf's entitlement to the Bronze Star Medal (redacted orders enclosed). A copy of the orders has been included in his Army Military Human Resource Record with the National Personnel Records Center. b. After a search of our Vietnam-era resources, we were unable to locate general or permanent orders awarding the Combat Infantryman Badge to (Applicant). Should he possess the award orders announcing his entitlement to this badge, we require complete legible copies of all documents for further review. If (Applicant) is not successful in locating this information, the Combat Infantryman Badge may be awarded retroactively. We have enclosed a resource handout citing the required documentation needed to process this action. We will refrain from making any administrative corrections to (Applicant's) records until the requested documentation is provided. 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 record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant initially was G2520 with duties as Assistant Advisor, MAT II CTZ (CI) (Mobile Advisory Team) (Corps Tactical Zone) (Combat Intelligence). The Board determined while deployed to Vietnam the applicant was assigned as Assistant Advisor, MAT II CTZ and Senior Advisor, MAT II CTZ (CI). Based on governing regulation the applicant did not meet the criteria to be awarded the Combat Infantryman Badge. Therefore, the Board 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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 service records shows his DD Form 214 for the period ending 5 November 1970 should be amended to show award of: * Bronze Star Medal * Meritorious Unit Commendation * Good Conduct Medal (12 January 1968 to 5 November 1968) * four bronze service stars to his previously issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Recoilless Rifle Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 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 Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The CIB is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry military occupational specialty in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces military occupational specialties are not eligible, regardless of the circumstances. 4. U.S. Army Vietnam Regulation 672-5-1 (Decorations and Awards) and Awards), in effect at the time, prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. U.S. Army Vietnam Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. It provided instruction for award of the CIB during the Vietnam era. Appendix V stated the CIB 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). Appendix V stated the CIB was authorized for officers serving in infantry units provided these officers were awarded an infantry MOS 1542, 1543, 1560, or 2162. 5. DA PAM 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows: a. MACV was awarded was awarded the Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970 by Department of the Army General Orders Number 51, 1971. b. The applicant completed service in Vietnam during the following campaigns: * Vietnam Summer – Fall I 1969, 9 June 1969 – 31 October 1969 * Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970 – 30 June 1971 6. Department of the Army General Orders Number 8, 19 March 1974, confirmed 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002057 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1