IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012378 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: 18 August 2016 DOCKET NUMBER: AR20150012378 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: a. awarding him the Army Good Conduct Medal for the period 23 January 1968 to 22 October 1970; b. deleting from his DD Form 214: * Vietnam Campaign Medal * Vietnam Service Medal * Air Medal * Army Commendation Medal * Vietnam Cross of Gallantry with Palm c. showing, in addition to the awards already shown on his DD Form 214, that his awards include: * Air Medal with Numeral 48 and “V” Device * Army Commendation Medal with Oak Leaf Cluster * Army Good Conduct Medal * Meritorious Unit Commendation * Vietnam Service Medal with a silver service star and two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with 1960 Device * Parachutist Badge * Aircraft Crewmember Badge * Expert Marksmanship Qualification Badge with Rifle Bar 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, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Bronze Star. _____________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: 18 August 2016 DOCKET NUMBER: AR20150012378 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) by showing he is authorized: * Purple Heart * Army Good Conduct Medal * Republic of Vietnam (RVN) Gallantry Cross with Bronze Star * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Meritorious Unit Commendation * Valorous Unit Award * Parachutist Badge * Aircraft Crewmember Badge * Expert Marksmanship Qualification Badge with Rifle Bar 2. The applicant states his DD Form 214 never included these medals and badges. 3. The applicant provides copies of: * A certificate for award of the Purple Heart * A Standard Form 600 (Chronological Record of Medical Care) dated in February, March and 9 April 1970 (two copies of same sheet). * A photocopy of a commemorative stone plaque for the 240th Assault Helicopter Company for all who served from May 1967 to October 1971 * A photocopy of a picture of two Soldiers receiving awards 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 23 January 1968, the applicant enlisted in the Regular Army. He completed his initial training and was assigned to Fort Benning, Georgia for enrollment into the Basic Airborne course. 3. Records show that Special Orders Number 167, dated 10 July 1968, Headquarters, Training Support Brigade, awarded the applicant the Parachutist Badge. 4. On 5 August 1968, the applicant departed Fort Benning for duty in the RVN. a. He was assigned to Company A, 27th Engineer Battalion on 6 September 1968. He served as a pioneer and a combat construction specialist. b. On 30 July 1969, he was assigned to the 240th Aviation Company for duty as a door gunner. c. On 29 January 1970, he was assigned as a crew chief in the same company. d. General Orders Number 1052, 1st Aviation Brigade, dated 20 February 1970, announced the applicant’s award of the Army Commendation Medal for meritorious service from March 1969 to March 1970. e. Special Orders Number 120, 222nd Aviation Battalion, dated 8 May 1970, announced the applicant’s award of the Aircraft Crewmember Badge. f. General Orders Number 7810, 1st Aviation Brigade, dated 13 August 1970, announced the applicant’s award of the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service from March to October 1970. g. General Orders Number 828, 1st Aviation Brigade, dated 4 February 1971, announced the applicant’s award of the Air Medal with Numeral 48 and “V” Device. 5. On 22 October 1970, the applicant departed the RVN. 6. On 22 October 1970, the applicant was released from active duty. He had attained the rank of specialist five, pay grade E-5. He completed 2 years and 9 months of creditable active duty. His DD Form 214, as corrected by DD Form 215 (Correction to DD Form 214) shows his awards as: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal * Air Medal * Army Commendation Medal * Vietnam Cross of Gallantry with Palm 7. The applicant’s name is not listed on the Vietnam Casualty Roster. 8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command. 9. The applicant’s DA Form 20 (Enlisted Qualification Record) shows: a. in item 29 (Qualification in Arms): 15 March 1968: Expert with the M-14 rifle. b. in item 38 (Record of Assignments): All of his conduct and efficiency ratings were excellent. The applicant’s records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. c. Item 40 (Wounds): No entries. 10. Records show that on 9 April 1990, the Chief, Military Awards Branch, U.S. Army Total Personnel Command, reviewed the applicant’s military records and determined the U.S. Army Reserve Personnel Center had erroneously provided the applicant with a Purple Heart medal and certificate. By his own admission, the applicant had stated he was injured when a round exploded in his M-60 machine gun. He further stated that he had been denied the Purple Heart in the RVN. The applicant was required to return the medal and certificate. 11. The applicant provides an SF 600 from his service medical record that indicates on 9 April 1970 he received superficial powder burns to his right shoulder due to hostile fire. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards): a. provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. b. provides for award of the RVN Campaign Medal with 1960 Device. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN from 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. c. provides, based on the applicant's dates of service in the RVN, he participated in the following seven campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes participation in five campaigns. 2. Army Regulation 600-200 (Enlisted Personnel Management System), as in effect at the time, provided instructions for the completion of the Enlisted Qualification Record (DA Form 20). Paragraph 9-53 specified entry in Item 40 (Wounds) of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization. The date wounded or injured was also to be entered. 3. U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 27th Engineer Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 51, dated in 1971 for award of the Meritorious Unit Commendation. The publication also shows that the 240th Aviation Company, during the time of the applicant’s assignment, was cited in DAGO Number 54, dated in 1974 for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated in 1971, for the RVN Civil Actions Honor Medal First Class Unit Citation. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing he is authorized: * Purple Heart * Army Good Conduct Medal * Republic of Vietnam (RVN) Gallantry Cross with Bronze Star * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Meritorious Unit Commendation * Valorous Unit Award * Parachutist Badge * Aircraft Crewmember Badge * Expert Marksmanship Qualification Badge with Rifle Bar 2. The available evidence shows that the applicant received powder burns to his shoulder when his M-60 machine gun exploded. He was denied the Purple Heart while still in the RVN. In 1987, the U.S. Army Reserve Personnel Center issued him this medal and certificate. In 1990, the U. S. Army Military Awards Branch determined that he was not entitled to this medal and directed its return. A review in conjunction with this case, failed to find any convincing evidence that his injury occurred as a result of active engagement with the enemy. Further, there are no available general orders announcing his award of the Purple Heart. Accordingly, it would not be appropriate to show this medal on his DD Form 214. 3. General Orders show that the applicant was awarded the Air Medal with Numeral 48 and “V” Device. 4. General orders show the applicant was awarded two Army Commendation Medals. 5. The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five receiving multiple awards for heroic and meritorious service, and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. 6. The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation. 7. There is no available evidence showing the applicant was assigned to any unit during the time it was cited for award of the Valorous Unit Award. 8. The applicant’s contention that he was awarded the RVN Gallantry Cross with Bronze Star as an individual award has been considered. Unfortunately, he did not provide a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing him to receive and wear the decoration. His available records do not contain any of these documents. Accordingly, the evidence is insufficient to support showing this foreign award on his DD Form 214. 9. The applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal, First Class Unit Citation. 10. Records show that the applicant served during a qualifying period for award of the RVN Campaign Medal with 1960 Device. 11. Records show that the applicant participated in seven campaign periods during his service in the RVN. Therefore, he is eligible for award of a silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 12. Special orders announced the applicant’s award of the Aircraft Crewmember Badge. 13. Records show the applicant completed the Basic Airborne course and was awarded the Parachutist Badge. 14. Records show that the applicant qualified as an expert with the M-14 rifle authorizing him the Expert Marksmanship Qualification Badge with Rifle Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012378 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012378 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2