BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004280 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * rank/grade as sergeant (SGT)/E-5 * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * Army Good Conduct Medal (AGCM) * Purple Heart 2. He states on 14 June 1969, he received shrapnel wounds to his left and right forearm and shoulder in a significant sapper attack against their Fire Base Berchtesgaden. He was with the 3d Brigade Security Platoon guarding the 3d Brigade Tactical Operation Center when a satchel charge went off just below his position. When the North Vietnamese Army (NVA) withdrew, they left 33 dead and three prisoners. Their casualties consisted of 11 killed and 47 wounded. He states he was the first to be treated by a corpsman from the 326th Medical Company and medically evacuated to Camp Evans. 3. He provides: * DD Form 214 * Operational Report * Headquarters, U.S. Military Assistance Command Vietnam, Monthly Summary, dated June 1969 * BSM Orders and Citation * Two Certificates of Appreciation * ARCOM Citation CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 7 November 1968. He served in the Republic of Vietnam (RVN) from 16 April 1969 to 10 June 1970. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 38 (Record of Assignments), he was assigned to the following units during his service in the RVN: * Headquarters and Headquarters Company (HHC), 3d Battalion (Airmobile), 187th Infantry Regiment from 29 May to 3 August 1969 * HHC, 3d Brigade, 101st Airborne Division from 4 August 1969 to 9 June 1970 b. Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his period of service with one rating of "unknown." c. Item 40 (Wounds) does not contain an entry. 4. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action. His name is not listed on the Vietnam casualty listing. 5. There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records. There is also no record of a commander's disqualification for the AGCM. 6. He was honorably released from active duty on 10 June 1970 and credited with completing 1 year, 7 months, and 4 days of total active service. 7. His DD Form 214 shows in: * Item 5a/5b (Grade, Rate or Rank)/(Pay Grade), specialist four (SP4)/E-4 * Item 6 (Date of Rank), 17 November 1969 * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Combat Infantryman Badge * Air Medal * Two Oversea Service Bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 8. Headquarters, 101st Airborne Division (Airmobile) General Orders Number 1527, dated 9 February 1970 and citation show he was awarded the ARCOM. The citation stated the period of the award was from 1 September 1969 to 31 January 1970. 9. Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 84, dated 25 March 1970, show he was promoted to SGT/E-5 effective 11 March 1970. Additionally, his DA Form 137 (Installation Clearance Record) shows his grade as SGT on the date he out-processed his organization on 4 June 1970. 10. Headquarters, 101st Airborne Division (Airmobile) General Orders Number 4704, dated 28 April 1970, and citation show he was awarded the BSM for meritorious service in connection with ground operations against a hostile force in the RVN from 1 July 1969 to 30 April 1970. 11. 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 that show he was awarded the Purple Heart. 12. The applicant provided an Operational Report for the period ending on 1 July 1969, describing an attack at Fire Base Berchtesgaden on the night of 14 June 1969, by the NVA. He also provided Headquarters, U.S. Military Assistance Command Vietnam, Monthly Summary, dated June 1969, confirming enemy attacks against Fire Support Base Berchtesgaden, Currahee, and Tomahawk on 14, 16, and 19 June 1969. However, these two documents do not provide a list of personnel that were killed or wounded in action. 13. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. 14. Army Regulation 600-8-22 (Military Awards), currently in effect, states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 15. Army Regulation 672-5-1, in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service 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; and, 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. 16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the HHC, 3d Brigade, 101 Airborne Division, to which he was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 43, dated 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48 dated 1971. 17. Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns: * 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) * Sanctuary Counteroffensive (1 May1970 - 30 June 1970) DISCUSSION AND CONCLUSIONS 1. Orders verify he was promoted to SGT/E-5 effective 11 March 1970. Additionally, there is no adverse action contained in his records that indicates he was demoted and his clearance record shows his grade as SGT on the date he out-processed his organization on 4 June 1970. 2. Orders show the applicant was awarded the BSM and the ARCOM. These awards are not listed on his DD Form 214. 3. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and had one "unknown" rating which is not disqualifying. Additionally, he had no adverse actions or commander's disqualification for award of the AGCM. Therefore, it appears he met the qualifications for the first award of the AGCM for the period 7 November 1968 to 10 June 1970. This award is not listed on his DD Form 214. 4. There are no available medical records and the applicant did not provide sufficient evidence which shows he was wounded in action or treated for wounds as a result of hostile action during his service in Vietnam. 5. The evidence of record shows he was assigned to HHC, 3d Brigade, 101 Airborne Division during the period the unit was cited for the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. However, these awards are not listed on his DD Form 214. 6. The evidence also shows he participated in four campaigns during his service in the RVN. He was already awarded the VSM, but his VSM does not show four bronze service stars. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X_____ _X_______ _X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. deleting from item 5a/b and 6 of his DD Form 214 SP4/E4 and 17 November 1969, respectively, and adding SGT/E-5 and 11 March 1970; b. deleting the Vietnam Service Medal from his DD Form 214; c. awarding him the Army Good Conduct Medal (1st Award) for the period 7 November 1968 to 10 June 1970; and d. adding to his DD Form 214 the: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with four bronze service stars 2. The Board further determined that 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 the Purple Heart. __________X_____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150004280 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004280 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1