BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009003 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009003 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. awarding him the Army Good Conduct Medal (1st Award) for the period 20 August 1969 to 2 July 1970; b. amending his DD Form 214 by deleting the Vietnam Service Medal and the "Rifle Badge 9M-14)" and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 1 bronze service star * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam 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 the Combat Infantryman Badge. _________________________ 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. BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150009003 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 the Combat Infantryman Badge (CIB). He also requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is authorized. 2. The applicant states, in effect: a. He was an infantryman who was wounded on a mission while serving in the Republic of Vietnam for which he was subsequently awarded the Purple Heart. He was not awarded the CIB. He requests correction of his DD Form 214 and the issuance of a DD Form 215 (Correction to DD Form 214). b. The error resulted from his rapid evacuation following the wounds he suffered in combat. He notes the official statement of his awards and decorations and his award of the Purple Heart based on his injury occurred while in combat. 3. The applicant provides copies of his DD Form 214 and DA Form 1577 (Authorization for Issuance of Awards), issued by the Reserve Components Personnel and Administrative Center (RCPAC), St. Louis, Missouri on 21 December 1984. 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 20 August 1969 and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon the completion of his initial entry training. 3. He served in the Republic of Vietnam from on or about 22 January 1970 to on or about 16 April 1970. During this period of foreign service, he was assigned to Company E, 5th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade. 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a fragmentation wound on 22 March 1970 to the abdomen and extremities, with perforation of the duodenum with gastro-intestinal (GI) bleeding. 5. The applicant was honorably retired from active duty on 2 July 1970, by reason of physical disability, with placement on the temporary disability retired list. He competed 10 months and 13 days of total active service and 2 months and 25 days of foreign service in the Republic of Vietnam. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, and the "Rifle Badge 9M-14." It does not show he was awarded or authorized the Purple Heart or the CIB. 6. He was removed from the temporary disability retired list on 30 November 1972 and permanently retired due to disability the next day. 7. His record does not contain orders or any other documentation that indicates he was awarded the Purple Heart or the CIB. 8. His record contains a DA Form 2173 (Statement of Medical Examination and Duty Status), with cover message, subject: Final Line of Duty Determination. This document indicates on 22 March 1970, the applicant and three other service members were setting up their night time defensive position and setting out their mechanical ambushes [claymore mines], when one accidentally discharged thereby injuring the four individuals concerned. 9. A review of the Vietnam casualty roster, published by the Adjutant General's Office and maintained by the U.S. Army Human Resources Command, does contain the applicant's name in the casualty category of "non-battle wounded" with the casualty status code being "non-hostile wounded/injured: serious." It also lists the date and report of the casualty as 22 March 1970. 10. 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 that is maintained by the U.S. Army Human Resources Command, failed to reveal any orders that show the applicant was awarded the Purple Heart, the CIB, or any other decoration related to his service in the Republic of Vietnam. 11. The applicant provides a DA Form 1577, issued by RCPAC, St. Louis, Missouri, on 21 December 1984 which directs the issuance of the following awards on his behalf: * Purple Heart * National Defense Service Medal * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Campaign Ribbon with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Expert Marksmanship Qualification Badge with Automatic Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 12. His record indicates he is entitled to additional awards that are not shown on his DD Form 214. 13. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by courts-martial or non-judicial punishment under Article 15, Uniform Code of Military Justice (UCMJ). 14. Special Orders Number 277, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Washington on 4 October 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 15. Special Orders Number 332, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Washington on 28 November 1969, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60). 16. Special Orders Number 335, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Washington on 1 December 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The CIB is awarded to infantry officers and to enlisted and warrant officer personnel who possess an infantry MOS. There are three requirements for award of the CIB: the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size, during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. b. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action (emphasis added). 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. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal, who served for less than six months of service but: * were wounded as a result of hostile action (emphasis added) * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 2. Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs entries made in military personnel records, and, in pertinent part, this regulation states that, for U.S. military decorations and awards, the only acceptable source documentation is the order, letter, or memorandum that awards the decoration (emphasis added). 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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; for the first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty (emphasis added). The enlisted person must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 4. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) campaign. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 19 June 1968 - 31 July 1970, by Department of the Army General Orders (DAGO) Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period April 1968 - 31 August 1970, by DAGO Number 51, dated 1971 DISCUSSION: 1. The applicant's request for the CIB was carefully considered. 2. His available record does not contain orders or any other documents that indicate he was awarded the CIB. He was awarded an infantry MOS and he served with an infantry unit during his period of service in the Republic of Vietnam. However, neither the available evidence nor any provided evidence sufficiently corroborates his engagement with the enemy in active ground combat while assigned to an infantry unit. 3. He contends the provided DA Form 1577 authorizes the issuance of the Purple Heart, thereby suggesting his entitlement to not only the Purple Heart, but also to the CIB as proof of his engagement with the enemy. In accordance with applicable Army regulations, the only acceptable source documentation for military decorations and awards is the order, letter, or memorandum that awards the decoration. The DA Form 1577 is not sufficient as a basis for entitlement to a military award or correction of military records to show a military award. 4. The evidence shows the applicant was wounded/injured and his wounds required treatment that was documented by medical personnel in the Republic of Vietnam. Additionally, his name is listed on the Vietnam casualty roster. This roster lists the applicant's wounds/injury as being non-battle and non-hostile. The evidence shows a formal line of duty investigation, as documented on the accompanying DA Form 2173, concluded his wounds/injury resulted from an accident while the applicant was emplacing a claymore mine. Consequently, these circumstances do not meet the one of the necessary requirements for award of the Purple Heart specifically, the evidence does not show his wounds resulted from engagement with the enemy. 5. The provided DA Form 1577 also lists the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award. However, the evidence of record shows he served only 2 months and 25 days in the Republic of Vietnam. The requirement for award of this medal is a minimum of 6 months or more, unless the service member was wounded as a result of hostile action, captured by hostile forces but escaped or were rescued or released or killed in action. The applicant's wound/injury was a result of an accident. 6. The applicant served honorably from 20 August 1969 to 2 July 1970. His record shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. He did not serve at least one year on active duty and was separated by reason of physical disability incurred in line of duty. Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award). 7. He participated in a single campaign during his service in the Republic of Vietnam. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. However, his DD Form 214 does not show any service star associated with his previously-awarded Vietnam Service Medal. 8. Special orders awarded him the following individual marksmanship awards that are not listed on his DD Form 214: * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 9. General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009003 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009003 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2