IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005910 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: * his rank/grade as staff sergeant (SSG)/E-6 vice sergeant (SGT)/E-5 * the Bronze Star Medal, Soldier's Medal, Ranger Tab, Purple Heart, and Air Medal * he completed the Basic Infantry Course, Infantry Noncommissioned Officer (NCO) Candidate Course, and Ranger Course 2. The applicant states he returned to the continental United States (CONUS) on 26 December 1969 to Fort Lewis, WA. Fort Lewis was short-staffed because it was the day after Christmas. All of the returnees wanted to see their loved ones so not all paperwork was updated. He is providing statements of support from fellow Soldiers that were with him at the time he was wounded in Vietnam around 5 July 1969. 3. The applicant provides his DD Form 214, six orders, three letters, two diplomas, two award certificates, one award citation, three statements of support, and Standard Form (SF) 180 (Request Pertaining to Military Records). 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 4 January 1968. On 5 January 1968, he was assigned for basic combat training (BCT) and advanced individual training (AIT) to Fort Benning, GA. 3. On 2 February 1968, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for breaking restriction on 28 January 1968. 4. He successfully completed BCT and AIT and on 10 May 1968 he was awarded military occupational specialty 11 B (Light Weapons Infantryman). He was subsequently assigned to Fort Polk, LA. 5. On 24 May 1968, he was assigned to 82nd Company, Student Brigade, Fort Benning, in a student status at the NCO Candidate Course. He provides a diploma, dated 20 August 1968, wherein it shows he successfully completed the Infantry NCO Candidate Course. 6. On 20 August 1968, he was promoted to the temporary (T) rank of SGT/E-5. 7. On 20 August 1968, he assigned to the 3rd Ranger Company, 3rd Student Brigade, Fort Benning, in a student status at the Ranger Course. He provides a diploma, dated 29 October 1968, wherein it shows he successfully completed the Ranger Course. 8. He served in Vietnam from 3 January through 25 December 1969 while assigned to Company A, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division. 9. The applicant provides and his record contains the following general orders (GO) issued by Headquarters (HQ), 101st Airborne Division: * GO Number 11456, dated 30 August 1969, awarding him the Bronze Star Medal * GO Number 13115, dated 20 October 1969, awarding him the Soldier’s Medal for heroism on 9 September 1969 10. The applicant provides Special Orders (SO) Number 335, dated 1 December 1969, issued by HQ, 101st Airborne Division, promoting him to the temporary rank of SSG/E-6 effective 9 November 1969. 11. He was honorably released from active duty on 26 December 1969 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 23 days of creditable active service with no lost time. 12. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he was awarded/authorized the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 13. His DD Form 214 also shows the following entries in: * item 5a (Grade, Rate, or Rank) - SGT (T) * item 5b (Pay Grade) - E-5 * item 6 (Date of Rank (DOR)) - 20 August 1968 * item 25 (Military Education) - None 14. Item 28 (Specialized Training) of his DA Form 20 (Enlisted Qualification Record) shows he completed Ranger training in October 1968. Item 29 (Qualification in Arms) shows he qualified as sharpshooter with the M-16 rifle and as first class gunner (or sharpshooter) with the M-60 machine gun. 15. Item 30 (Record of Assignments) of his DA Form 20 shows he received all “excellent” conduct and efficiency ratings throughout his military service. Item 40 (Wounds) does not contain an entry and item 41 (Awards and Decorations) does not show the Purple Heart or Air Medal. 16. His record is void of orders showing he was awarded the Purple Heart or the Air Medal. Other than the one Article 15, his record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 17. A review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty. 18. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart or Air Medal pertaining to the applicant. 19. There is no evidence in the applicant’s available record that shows he was treated for any wounds/injuries he received in action while serving on active duty. 20. The applicant provides Letter Orders Number 12-1321709, dated 19 December 1973, issued by the USAR Personnel and Administration Center, honorably discharged him from the USAR effective 1 January 1974. These orders show his rank as SSG. 21. The applicant provides statements of support from Soldiers he served with in Vietnam as follows: a. One undated and one dated 18 September 2014, wherein they stated on or about 5 July 1969, the platoon engaged the enemy in a firefight when the applicant received a head wound and was medically evacuated to the rear for treatment. On 27 July 1969, the platoon (to include the applicant) were in a chinook that crash landed causing major damage to the chinook and the troops on board. On 20 August 1969, during an assault operation they all had to jump about 25 to 30 feet from a helicopter. b. One dated, 2 October 2014, wherein former SSG BRF stated during many months of combat his and the applicant’s platoon engaged in fire fights with the enemy on almost a daily basis. On 5 July 1969, the applicant was wounded in the head from flying shrapnel during a battle with enemy forces and was medically evacuated for treatment and returned to the platoon about 10 days later. On 27 July 1969, they were in a chinook during an assault and the chinook went down, they believed they had been hit by enemy fire, he and the applicant were severely bruised and were taken back to the aid station later in the day. 22. Army Regulation 672-5-1 (Military Awards), then in effect provided the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 23. Army Regulation 600-8-22 (Military Awards) states: a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Ranger Tab is awarded for successful completion of a Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command. d. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's records shows that during his service in Vietnam he participated in four campaigns: * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer (Fall 1969 - 9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) 24. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that the 1st Battalion, 327th Infantry, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 July 1968 through 14 May 1969, by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 2 March 1970, by DAGO Number 48, dated 1971 25. Army Regulation 635-5 (Separation Documents) then in effect stated in item 25 of the DD Form 214 list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Bronze Star Medal and Soldier’s Medal; neither of which are shown on his DD Form 214. 2. He served honorably from 4 January 1968 to 26 December 1969. He served in Vietnam and received all “excellent” conduct and efficiency ratings throughout his military service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal. He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 3. He provides orders that show he was promoted to SSG (T) on 9 November 1969 while his DD Form 214 shows his rank as SGT (T). 4. His record shows he participated in four campaigns during his service in Vietnam. He is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. 5. His record confirms he completed the 8-week Light Weapons Infantryman Course in May 1968, 12-week NCO Candidate Course in August 1968 and the 6-week Ranger Couse in October 1968; none of which are shown on his DD Form 214. 6. Upon completion of the 6-week Ranger Course, he would have been authorized the Ranger Tab and his record confirms he qualified as sharpshooter with the M-16 rifle and M-60 machine gun; however, his DD Form 214 does not show this tab or either marksmanship badge. 7. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit. His DD Form 214 does not show these unit awards. 8. With respect to the Air Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Air Medal. His record does not contain orders showing he was awarded the Air Medal. 9. With respect to the Purple Heart, the criteria for this award requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 10. Notwithstanding the applicant's sincerity, his records are void of any evidence and he did not provide any conclusive evidence that shows he was wounded or injured as a result of hostile action. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. In the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, he does not meet the criteria for entitlement to this award. 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 4 January 1968 through 26 December 1969 * awarding him the Ranger Tab as of 29 October 1968 * deleting the entries in items 5a, 5b, and 6 of his DD Form 214 and replacing them with the entries SSG (T), E-6, and 9 November 1969, respectively * deleting from item 24 of his DD Form 214 the Vietnam Service Medal and adding to item 24 of his DD Form 214 the: * Soldier’s Medal * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Ranger Tab * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * adding to item 25 of his DD Form 214 the: * Light Weapons Infantryman Course, 8 weeks, May 1968 * Noncommissioned Officer Candidate Course, 12 weeks, August 1968 * Ranger Course, 6 weeks, October 1968 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 Air Medal and 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) AR20150005910 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005910 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1