BOARD DATE: 12 January 2016 DOCKET NUMBER: AR2050005981 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 he was awarded two Purple Hearts (PH) and the Combat Infantryman Badge (CIB). 2. The applicant states the awards are not listed on his DD Form 214. He was an M-60 gunner for 10 months and was wounded twice. 3. The applicant provides: * R____ D____ C_____’s Special Orders Number 303 dated 29 October 1968 * Letter of recommendation from R_____ D____ C______ * R____ D____ C_____’s DD Form 214 * Special Orders Number 214 dated 1 August 1968 * General Orders Number 12406 dated 21 September 1968 * Special Orders 213 dated 24 September 1969 * DD Form 1482 (Military Airlift Command (MAC) Transportation Authorization) 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. On 29 September 1967, the applicant was inducted into the Army of the United States. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he was credited with service in the Republic of Vietnam (RVN) from 25 March 1968 through 25 March 1969. b. Item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division from 2 April 1968 to 21 March 1969. c. Item 40 (Wounds) – No entry d. Item 41 (Awards and Decorations) - * National Defense Service Medal (NDSM) * Air Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Two Overseas Service Bars * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 4. On 15 October 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 2 years of total active service. 5. His DD Form 214 shows he was authorized the following: * NDSM * ARCOM * RVN Campaign Medal with Device (1960) * VSM * Air Medal * Two Overseas Service Bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. A review of his personnel service records failed to show evidence that he was wounded in action, nor does the applicant provide any supporting documentation. 7. 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 PH. 8. The applicant’s name does not appear on the Vietnam casualty roster. 9. The applicant provides a letter from R____ D___ C_____ , a fellow Soldier in his unit which states the following: a. He served as the squad leader with the applicant for Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division in Vietnam. b. The applicant served in the 2nd squad, 1st platoon and was the 1st platoon machine gunner. c. He knew the applicant for 10 to 11 months and watched him operate the M-60 many times. He was a good troop and like most of the cavalry in 1968, he was wounded. He believes he received shrapnel wounds to his right forearm. d. He provided Special Orders Number 303 dated 29 October 1968 which awarded the CIB to members of Company A, 1st Battalion, 12th Cavalry, 1st Air Cavalry Division. However, the applicant’s name was omitted, which he believed to be in error. 10. U. S Army Reserve Personnel Center sent the applicant a letter on 13 June 1986 regarding his PH. They stated that they were “unable to verify [his] entitlement to the PH.” 11. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B. His service in Vietnam coincided with four campaigns: * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1969 – 22 February 1969) * Tet 69 Counteroffensive, (23 February 1969 – 8 June 1969) 12. Army Regulation 600-8-22 (Military Awards) prescribe Army policy, criteria, and administrative instructions concerning individual and unit military awards. The CIB 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. The CIB was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments. Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 13. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 14. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division for being cited for award of the: * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by Department of the Army General Order (DAGO) 42, dated 1972 * RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO 56, dated 1969 15. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the PH 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. DISCUSSION AND CONCLUSIONS: 1. There is no medical evidence of record showing he was wounded as a result of enemy action in the RVN or evidence showing that he was awarded or entitled to the PH. 2. The applicant was awarded the VSM and he participated in four campaigns. Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM. 3. He served in units during periods for which they were cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. He is entitled to correction of his DD Form 214 to show these unit awards. 4. The statement from a fellow Soldier provided by the applicant and the applicant’s MOS and unit of assignment are sufficient to show he met the criteria for the CIB. 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 the VSM from the applicant’s DD Form 214 b. Adding to his DD Form 214 the: * CIB * VSM with four bronze service stars * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation 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 award of the PH. _______ _ 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) AR20140020411 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005981 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1