IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007291 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 the Purple Heart (PH), the Bronze Star Medal (BSM) with "V" Device, completion of Airborne School, and service in Vietnam from 10 October 1969 to 29 March 1971. 2. The applicant states his DD Form 214 does not show the PH or the BSM. It was said that medals were ordered and orders for the awards were generated; however, he never received them. He earned the decorations for his participation in battle against enemy and injuries he sustained on 28 March 1971, during the siege of Fire Support Base Mary Ann. He successfully completed Airborne/Parachutist training and his records should reflect that accomplishment. His service dates in Vietnam are incorrect and his records should reflect the actual time of his sacrifice and service during wartime circumstances. 3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center. 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 enlisted in the Regular Army on 24 June 1968. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13F (Automatic Weapons crewman). The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4. 3. His DA Form 20 shows in: * item 28 (Specialized Training) – Basic Airborne Course, 3 weeks, completed 13 December 1968 * item 38 (Record of Assignments), he was assigned to – * 23rd Administrative Replacement Detachment from 14 October 1969 to 25 October 1969 * G Battery, 55th Artillery from 26 October 1969 to 2 April 1971 * item 40 (Wounds) – no entry * item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * VSM * RVN Campaign Medal with Device (1960) * Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 4. General Orders (GO) 3996, issued by Headquarters, 23rd Infantry Division, dated 6 April 1971, show he was awarded the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam. 5. He was released from active duty and transferred to the U.S Army Reserve on 10 May 1971. He completed 2 years, 10 months, and 17 days of net service this period.  6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following: * NDSM * VSM with three bronze service stars * RVN Campaign Medal with Device (1960) * Parachutist Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge Rifle Bar 7. Item 30 (Remarks) of his DD Form 214 shows his period of service in Vietnam from 10 October 1969 through 4 March 1970. 8. There are no general orders in his service personnel records that show he was awarded the PH. There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam casualty roster. 9. The U.S. Army Human Resources Command Awards and Decorations Branch verified the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by this office, failed to reveal any orders pertaining to the applicant for award of the PH. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a.  The PH is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record. b. A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with four campaigns: * Vietnam Summer-Fall 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) 11. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows G Battery, 55th Artillery, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 and from 31 March 1970 30 June 1970, by Department of the Army General Order (DAGO) 42, dated 1970 and from 1 April 1971 to 30 June 1971, by DAGO 6, dated 1974. 12. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The version in effect at the time provided that in item 25 (Education and Training Completed), enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The criteria for award of the PH 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. 2. Notwithstanding the applicant's sincerity, his records are void of any evidence and he did not provide any 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 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 award of the PH. 3. GO awarded him the BSM with "V" Device. This award is not listed on his DD Form 214. 4. He was awarded the VSM and he participated in four campaigns. His DD Form 214 shows three bronze service stars. 5. He served with G Battery, 55th Artillery, during the period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation (3rd Award). This unit award is not listed on his DD Form 214. 6. Records show he completed the 3-week, Basic Airborne Course on 13 December 1968. This course is not listed on his DD Form 214. 7. Records show he served in Vietnam during the period 14 October 1969 through on or about 2 April 1971. 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 24 of his DD Form 214 the VSM with three bronze service stars. b. Adding to item 24 of his DD Form 214 the: * VSM with four bronze service stars * BSM with "V" Device * RVN Gallantry Cross with Palm Unit Citation (3rd Award) b. Adding to item 25 of his DD Form 214 the entry "Basic Airborne Course, 3 weeks, 1968." c. Correcting item 30 of his DD Form 214 to show Vietnam service dates from 14 October 1969 to 2 April 1971. 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 and correcting Vietnam service dates to show 10 October 1969 to 29 March 1971. _______ _ _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) AR20150007291 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007291 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1