BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160004694 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: 21 September 2017 DOCKET NUMBER: AR20160004694 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 amending his DD Form 214 as follows: * delete the Vietnam Service Medal and Army Commendation Medal * add – * Air Medal * Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device * Vietnam Service Medal with 3 bronze service stars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) * 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 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 any relief in excess of that described above. ______________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: 21 September 2017 DOCKET NUMBER: AR20160004694 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) to show the Combat Infantryman Badge and the Army Commendation Medal with "V" Device. 2. He also requests, through his Member of Congress, reconsideration of his earlier requests for award of the Purple Heart. 3. The applicant states he was involved in military operations against hostile forces in Vietnam on 14 May 1970 and this should qualify him for award of the Combat Infantryman Badge. He was an infantryman who satisfactorily performed infantry duties and participated in ground combat with an infantry unit that was engaged in active ground combat with the enemy. He was awarded the Army Commendation Medal with "V" Device. 4. The applicant provides General Orders (GO) Number 3100 and certificate for award of the Army Commendation Medal with "V" Device. 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. With respect to the Purple Heart: a. The applicant initially requested the Purple Heart on 16 December 2013. He stated he was wounded by an enemy combatant receiving grenade fragment wounds to his left calf on 13 September 1970. On 16 September 2014 in ABCMR Docket Number AR20140001796, the Board determined there was insufficient evidence to award him the Purple Heart as it could not be determined he sustained a wound by an enemy combatant. The Board denied his request. b. The applicant requested reconsideration of his 2013 application for the Purple Heart on 16 April 2015. In his second request he stated he was wounded by grenade fragments fired from a U.S. Army helicopter while he was assaulting the enemy. On 20 September 2016 in ABCMR Docket Number AR20150007359, the Board determined during its second deliberation that there was insufficient evidence he met the regulatory criteria for the Purple Heart. c. The applicant also requested, through his Member of Congress per correspondence dated 16 February 2016, reconsideration of his denial of the Purple Heart. However, as ABCMR Docket Number AR20150007359 was not adjudicated until 20 September 2016, this request has already been addressed. In reviewing his Congressman's correspondence it shows he was requesting a status update pertaining to the applicant's 2015 reconsideration request. As the evidence has already been addressed, the Board will not at this time take any further action with regard to the Purple Heart. The applicant may submit a new application if he has new evidence to support his request for the Purple Heart. 3. The applicant was inducted into the Army of the United States on 17 March 1969 and he held military occupational specialty 11B (Light Weapons Infantryman) and then 11F (Infantry Intelligence Operations Specialist). 4. Special Orders (SO) Number 104, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 30 April 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. SO Number 151, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA on 25 June 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). 6. He served in Vietnam from 6 March 1970 to 31 December 1970. He was assigned to A Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade. The following award orders are filed in his official military personnel record: a. SO Number 097, issued by Headquarters, 199th Infantry Brigade (Separate), on 6 April 1970, awarded him the Combat Infantryman Badge. b. General Orders (GO) Number 3100, issued by Headquarters, U.S. Army Vietnam, on 9 July 1970, awarded him the Army Commendation Medal with "V" Device for heroism on 14 May 1970. The order states the applicant "was leading his men on a reconnaissance operation when his unit suddenly came upon four enemy soldiers… [the applicant] took an exposed position and engaged the enemy. He then led his men on an assault against the enemy." Within this order there is no statement showing he was wounded by enemy forces during this encounter. c. GO Number 3888, issued by Headquarters, U.S. Army Vietnam, on 21 August 1970, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement from 6 March 1970 to 5  August 1970. 7. He was honorably released from active duty on 2 January 1971. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Air Medal * Army Commendation Medal * Good Conduct Medal National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) 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 below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970 * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) shows during his service in Vietnam with the 4th Battalion, 12th Infantry from 6 March to 31 December 1970 this unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 12 December 1966 to 31 August 1970 by DAGO Number 51, dated 1971 DISCUSSION: 1. GO awarded the applicant two awards of the Army Commendation Medal, one of which was with a "V" Device. His DD Form 214 lists only one award. 2. SO awarded the applicant the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). None of these badges are shown on his DD Form 214. 3. He was awarded the Vietnam Service Medal. The evidence shows he participated in three campaigns during his service in Vietnam. He is eligible to wear three bronze service stars with his already-awarded Vietnam Service Medal. 4. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service with that unit. Neither unit award appears 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) AR20160004694 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004694 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2