IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150010179 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 IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150010179 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 deleting from his DD Form 214 the Vietnam Service Medal and Meritorious Unit Commendation, and adding the: * Bronze Star Medal * Vietnam Service Medal with one silver service star and one bronze service star * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Bayonet Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation (2nd Award) 2. The Board further determined 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 * Army Commendation Medal * Legion of Merit ______________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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150010179 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Bronze Star Medal * Purple Heart * Army Commendation Medal * Legion of Merit 2. The applicant states, in effect: * he was given a 5-month early out and he was rushed through the out-processing because it was also election day; his papers were not completed * he was assigned to a top secret outfit and most paperwork was not completed; the information was faintly entered on his DD Form 214 and someone blanked it out * his records were sent to his dad's address in Fresno, CA, but he lived in Glendale, CA with very little contact with his family for years * he served 4 tours with the 509th, 303rd, 175th, and 337th Radio Research Units, and he was also attached to the 1st Infantry as well as to Headquarters, Military Assistance Command-Vietnam 3. The applicant provides his DD Form 214, a certificate for award of the Bronze Star Medal, and a certificate of achievement. 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 6 April 1966 and he held military occupational specialty 71L (Administrative Specialist). During training, Headquarters, U.S. Army Training Center, Fort Ord, CA, published two sets of Special Orders (SO) awarding him marksmanship badges as follows: * SO Number 57, on 20 May 1966 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 57, on 8 June 1966 awarded him the Expert Marksmanship Qualification Badge with Bayonet Bar 3. He served in Vietnam from on or about 9 September 1966 to 7 November 1968. He was assigned as follows: * from 7 September to 30 September 1966, Headquarters Company, 303rd Radio Research Battalion * from 1 October to 20 December 1966, 337th Radio Research Company, with duty at Headquarters Company, 303rd Radio Research Battalion * from 21 December 1966 to 6 September 1967, 175th Radio Research Company * from 7 September 1967 to 7 November 1968, Headquarters and Service Company, 509th Radio Research Group 4. General Orders (GO) Number 5632, issued by Headquarters, U.S. Army Vietnam on 5 December 1968 awarded him the Bronze Star Medal for meritorious service from September 1967 to November 1968 while assigned to Headquarters, 509th Radio Research Group. 5. He was honorably released from active duty on 7 November 1968. His DD Form 214 show she was awarded or authorized the: * National Defense Service Medal * Vietnam Campaign Medal * Meritorious Unit Commendation * Vietnam Service Medal * Good Conduct Medal 6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Army Commendation Medal, Purple Heart, or Legion of Merit. It lists, in addition to the awards shown on his DD Form 214, two awards of the Meritorious Unit Commendation issued as follows: * GO Number 3529, issued by Headquarters, U.S. Army Vietnam, on 23 July 1968 * GO Number 118, issued by Headquarters, 509th Radio Research Group on 25 October 1968 7. There is nothing in several typical sources that show he was injured or wounded as a result of hostile action. Likewise, there is nothing in several typical sources that shows he was recommended for or awarded the Army Commendation Medal or the Legion of Merit: a. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by 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 any other orders for the Purple Heart, Army Commendation Medal, or Legion of Merit pertaining to him. b. There are no General Orders in his records for award of the Purple Heart, the Army Commendation Medal, or the Legion of Merit. c. His records do not contain a Western Union Telegram informing his next of kin of an injury/wound or any Army Adjutant General correspondence regarding an injury. d. The applicant’s name is not shown on the Vietnam casualty roster. His medical record are not available for review. e. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury. REFERENCES: 1. Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, 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 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 3. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet * shrapnel * or other projectile created by enemy action * injury caused by enemy placed mine or trap * injury caused by enemy released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions 4. Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Announcement in orders is required. 5. Army Regulation 600-8-22 states the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements. The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner. Performance of duties normal to the grade, branch, specialty, or assignment and experience of an individual is not an adequate basis for this award. In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner. However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 6. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the campaigns below. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Tet Counteroffensive, 30 January - 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 * Vietnam Counteroffensive Phase V, 1 July - 1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969 7. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows the following units were cited for certain awards: * Headquarters and Headquarters Company (HHC), 303d Radio Research Battalion, Meritorious Unit Commendation for service from 1 June 1966 to 31 July 1967 by DAGO Number 17, dated 1968 and from 1 August 1967 to 31 July 1968 by DAGO Number 18, dated 1979 * 337th Radio Research Company, Meritorious Unit Commendation from 1 June 1966 to 31 July 1967 by DAGO Number 17, dated 1968; from 1 August 1967 to 31 July 1968, by DAGO Number 28, dated 1969; and 1 August 1968 to 30 September 1969, by DAGO Number 51, dated 1971 * 337th Radio Research Company, Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 by DAGO Number 59, dated 1969 * 175th Radio Research Company, Meritorious Unit Commendation for service from 1 June 1966 to 31 July 1967, by DAGO Number 17, dated 1968, and 1 August 19667 to 31 July 1968, by DAGO Number 28, dated 1969 * HHC, 509th Radio Research Group, Meritorious Unit Commendation, from 1 June 1966 to 30 September 1967 by DAGO Number 48, dated 1968, and from 1 October 1967 to 31 December 1968, by DAGO Number 14, dated 1979 DISCUSSION: 1. GO awarded the applicant the Bronze Star Medal. This award is not listed on his DD Form 214. 2. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Bayonet Bar. Neither badge is shown on his DD Form 214. 3. His unit(s) in Vietnam was/were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation during his period of assignment. His DD Form 214 shows only one award of the Meritorious Unit Commendation. 4. He was awarded the Vietnam Service Medal. He also participated in six campaigns during his service in Vietnam. He is eligible for award of a silver service star and a bronze service star for wear with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 5. With respect to the Purple Heart: a. The criteria for award of the Purple Heart require the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury or wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. The applicant's service record is void of orders awarding him the Purple Heart or any evidence that shows he was wounded or injured as a result of hostile action. His name is not listed on the Vietnam casualty listing. His available medical records do not reflect a combat injury. There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel. c. The applicant's contentions, sincerity, and service in Vietnam are not in question. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds there is an insufficient evidentiary basis for awarding him the Purple Heart. 6. With respect to the Army Commendation Medal and Legion of Merit, there is insufficient evidence in the available records to show the applicant was recommended for or awarded the Army Commendation Medal and Legion of Merit. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal and Legion of Merit) formal recommendation, approval through the chain of command, and announcement of orders are required. 7. If the applicant can provide the general/permanent orders that awarded him the Purple Heart, the Army Commendation Medal, and Legion of Merit, he may resubmit his application for reconsideration by the Board. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010179 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010179 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2