BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160001688 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: 28 September 2017 DOCKET NUMBER: AR20160001688 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 concerns be corrected by: a. deleting the Vietnam Service Medal from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and b. adding to his DD Form 214: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board 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 award of two Bronze Star Medals with "V" Device and amending the decision in Docket Number AR20120003128, dated 26 July 2012, regarding award of the Purple Heart. ___________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: 28 September 2017 DOCKET NUMBER: AR20160001688 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: a. reconsideration of a prior request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH); and b. as a new issue, correction of his DD Form 214 to show he was awarded two Bronze Star Medals (BSMs) with "V" Device. 2. The applicant states: a. In effect, he would like his case to be reconsidered for the PH. He was wounded in combat and was medically evacuated to a hospital in Vietnam. b. He always thought that someone had to have a leg or arm blown off in order to be awarded a PH. In his medical record, located at the Department of Veterans Affairs (VA) Hospital in Omaha Nebraska, it shows that two of his fingers were cut off and re-attached in Vietnam. c. He received two BSMs with "V" Device, while serving in Vietnam. d. He is almost 70 years old, and would appreciate prompt attention to his case before he passes away. 3. The applicant provides a Radiology/Nuclear Medicine Report from the Department of Veterans Affairs Medical Center, Nebraska – Western Iowa Health Care System, dated 16 June 2010. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120003128 on 26 July 2012. 2. The applicant provides a Radiology/Nuclear Medicine Report. This is new evidence that warrants consideration by the Board. 3. The applicant's complete military medical records are not available for review. 4. On 5 August 1968, the applicant was inducted into the Army of the United States. After training, he was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman). 5. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. item 31 (Foreign Service) shows he served in Vietnam from 19 January 1969 to 12 March 1970, b. item 38 (Record of Assignments) shows he was assigned to A Battery, 6th Battalion, 32nd Artillery Regiment, U.S. Army Pacific (USARPAC) – Vietnam from 2 February 1969 to 8 March 1970, c. item 40 (Wounds) is blank, and d. item 41 (Awards and Decorations) does not list the PH or the BSM (2nd Award) with "V" Device. 6. On 11 March 1970, the applicant was honorably released from active duty. His DD Form 214 shows the following: a. item 22a (Net Service This Period) – he completed 1 year, 7 months, and 17 days of active duty service, b. item 22c (Foreign and/or Sea Service) – USARPAC – he served 1 year, 1 month, and 21 days of overseas service, and c. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he received the: * National Defense Service Medal (NDSM) * RVN Vietnam Campaign Medal (VCM) with Device (1960) * Vietnam Service Medal (VSM) * Army Good Conduct Medal (AGCM) * Two overseas service (OSS) bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 7. General Orders (GO) Number 371, issued by Headquarters, I Field Force Vietnam Artillery, dated 4 April 1970, awarded the applicant the BSM for meritorious service in connection with military operations against an armed hostile force. 8. The applicant’s name is not listed on the Vietnam Casualty Roster. 9. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal any orders for the PH or BSMs with "V" Device pertaining to the applicant. 10. The applicant provides a Radiology/Nuclear Medicine Report from the Veterans Administration Medical Center, VA Nebraska-Western Iowa Health Care System, dated 16 June 2010, which gives the applicant’s clinical history of his right hand, and the pain of injury to the right distal 3rd and 4th fingers (but does not state the cause.) The impression is a "degenerative joint disease at first, probably from old trauma, and third metacarpal phalangeal joints and radiocarpal joint…Benign appearing probable subchondral geode or simple bone cyst in the scaphoid." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the PH is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that the wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, Headquarters, United States Army Vietnam and its subordinate units [including the applicant's unit] were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the BSM. The "V" Device must be approved by the proper authority and announced in official orders. c. A bronze service star is authorized with the VSM award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) * TET 69 Counteroffensive, (23 February 1969 – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The PH differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the PH requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 3. In this case, the applicant's name is not shown on the Vietnam Casualty Roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, and his service record is void of orders that show he was awarded the PH. 4. Although the applicant provides new evidence from the Veterans Administration Medical Center, it does not mention that his fingers were severed and reattached. Additionally, there is no conclusive evidence in his service personnel record that shows he was wounded or injured as a result of hostile action or treated for such wounds. 5. The applicant states he was awarded two BSMs with "V" Device. The evidence of record shows he was awarded a BSM (1st Award) for meritorious service, not for heroism. This award is not reflected on the applicant’s DD Form 214. When a Soldier is awarded the BSM with "V" Device in recognition of heroism, the "V" device must be approved and properly announced in the orders along with the BSM. There are no orders awarding the applicant a second BSM or a BSM with "V" Device. 6. The RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973, which were subordinate to Headquarters, U.S. Army Vietnam. His DD Form 214 does not reflect this award. 7. His DD Form 214 does show he was awarded the VSM; however, it does not include the four bronze service stars he is authorized to denote his participation in four campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001688 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2