BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011053 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: 24 May 2016 DOCKET NUMBER: AR20150011053 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 his DD Form 214 the Vietnam Service Medal. b. Awarding the applicant the Army Good Conduct Medal (1st Award) for the period of 20 June 1968 to 19 June 1970. c. Amending his DD Form 214 by adding the: * Bronze Star Medal with "V" Device (2nd Award) * Army Commendation Medal with “V” Device * Vietnam Service Medal with two bronze service stars * Army Good Conduct Medal (1st Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm 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 correcting the applicant's DD Form 214 to show the Purple Heart (3rd Award). __________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. BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011053 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the following awards earned during his service in Vietnam: * Bronze Star Medal (BSM) with “V” Device (2nd Award) * Purple Heart (PH) (3rd Award) * Army Commendation Medal (ARCOM) with “V” Device * all other awards he may be authorized 2. The applicant states his DD Form 214 does not reflect all of his awards. He is requesting a DD Form 215 (Correction to DD Form 214) to be issued to show all his awards. He received a total of three PHs, two BSM with “V” Device, and one ARCOM. 3. The applicant provides: * DD Form 214 * General Orders (GO) Number 106 for PH (3rd Award) * PH Certificate (3rd Award) * GO Number 2266 for BSM with “V” Device (1st Award) * two BSM Certificates * GO Number 5654 for BSM with “V” Device (2nd Award) * GO Number 3224 for ARCOM with “V” Device * ARCOM Certificate 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 20 June 1968, the applicant was inducted into the Army of the United States. After completing initial training, he was awarded military occupational specialty (MOS) 11E (Armor Crewman). The highest rank/grade held was specialist five/E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows the following: a. Item 31 (Foreign Service) shows he has qualifying service for two campaign periods: * Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) * TET 69 Counteroffensive (23 February 1969 to 8 June 1969) b. Item 38 (Record of Assignments) shows he was assigned to Company B, 1st Battalion, 5th Infantry, 25th Infantry Division while in Vietnam from 28 November 1968 to the date he was wounded in action on 22 April 1969. c. Item 40 (Wounds) shows he received two wounds: * one to his right arm on 8 December 1968 * one to his right leg on 22 April 1969 d. Item 41 (Awards and Decorations) shows he received the: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * PH * Combat Infantry Badge (CIB) * PH (2nd Award) 4. GO Number 8751, dated 11 December 1968, issued by Headquarters, 25th Infantry Division, awarded the applicant the PH (1st Award) for wounds received on 8 December 1968. 5. GO Number 2266, dated 27 February 1969, issued by Headquarters, 25th Infantry Division, awarded the applicant the BSM with "V" Device for heroism on 8 February 1969. 6. GO Number 3224, dated 14 March 1969, issued by Headquarters, 25th Infantry Division, awarded the applicant the ARCOM with “V” Device (1st Award) for heroism on 18 February 1969. 7. GO Number 5654, dated 19 April 1969, issued by Headquarters, 25th Infantry Division, awarded the applicant the BSM with "V" Device (2nd Award) for heroism on 25 March 1969. 8. GO Number 106, dated 25 April 1969, issued by Headquarters, 12th Evacuation Hospital, awarded the applicant the PH (3rd Award) for wounds received on 22 April 1969. 9. On 19 June 1970, the applicant was honorably released from active duty. He completed 2 years of active duty service. His DD Form 214, shows in: a. Item 22c (Statement of Service – Foreign and/or Sea Service) – 5 months and 22 days. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized the following: * National Defense Service Medal * PH (2nd Award) * VSM * CIB * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Pistol Bar c. Item 30 (Remarks) he served in Vietnam from 19 November 1968 to 10 May 1969. 10. There is no evidence he received the first award of the Army Good Conduct Medal (AGCM). There also is no evidence he was disqualified by his chain of command from receiving the AGCM. Records do not show indiscipline or lost time. His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service. REFERENCES: 1. 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 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 2. Army Regulation 600-8-22 (Military Awards) states: a. The PH 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 ARCOM 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. A bronze service star will be awarded for wear on the VSM for participation in each campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. The 1st Battalion, 5th Infantry, was awarded, in Department of the Army GO (DAGO) 51, dated 1970, the Republic of Vietnam (RVN) Civil Actions Honor Medal, First Class (FC) Unit Citation or the period 1 January 1966 to 21 January 1970. b. This pamphlet shows all units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. 4. His name appears twice on the Vietnam casualty listing. The listing shows he was wounded on 8 December 1968 and on 22 April 1969. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the PH. 5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded 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. a. The enlisted person must have had all "excellent" conduct and efficiency ratings. b. There must have been no convictions by a court-martial. DISCUSSION: 1. GO 2266 awarded the applicant the BSM with "V" Device (1st Award). This award is not listed on his DD Form 214. 2. GO 5654 awarded him the BSM with "V" Device (2nd Award). This award is not listed on his DD Form 214. 3. GO 3224 awarded him the ARCOM with "V" Device (1st Award). This award is not listed on his DD Form 214. 4. Records show the applicant has qualifying service for two campaigns and his DD Form 214 should be amended to show the VSM with two bronze service stars. 5. His unit was awarded the RVN Civil Actions Honor Medal FC Unit Citation and the RVN Gallantry Cross with Palm Unit Citation. Therefore, these awards should also be added to his DD Form 214. 6. His records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service. He was promoted to E-5 in less than 2 years. The preponderance of evidence shows he should be awarded the first award of the AGCM based on completion of qualifying service from 20 June 1968 to 19 June 1970. 7. 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. a. GO 8751 awarded him the PH (1st Award). b. Although the applicant provides GO 106 for the award of the PH (3rd Award) and a PH Certificate (3rd Award), there is insufficient evidence to show he was wounded a third time to be authorized a PH (3rd Award). GO 106, issued by Headquarters, 12th Evacuation Hospital states his PH (3rd Award) was issued for being wounded on 22 April 1969 (in actuality, it appears that it should have been for PH (2nd Award)). Furthermore, the Vietnam casualty roster only shows the applicant being wounded twice. It appears the 12th Evacuation Hospital made a clerical error awarding the PH (3rd Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011053 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011053 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2